Appellate Division of the Supreme Court of the State of New York January 28, 2010 (In re the Claim of Cedrone)

Claimant worked as the lead teacher in charge of the infant room of a day-care facility. As part of her duties, claimant was responsible for ensuring that, in the event of an emergency, all children in the classroom were evacuated to the gymnasium. On February 7, 2008, the facility fire alarm went off due to a fire in the building’s kitchen.