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Plaintiff was injured at defendant's high school when a large, heavy door, which had been propped unsecured against a wall by a maintenance worker, fell on her while she was searching for a bathroom. She subsequently commenced a negligence action, alleging the creation of a dangerous condition. The Supreme Court granted plaintiff's motion for partial summary judgment on the issue of liability and simultaneously denied defendant's motion for summary judgment. The appellate court affirmed the Supreme Court's decision, concluding that the unsecured door created a dangerous condition as a matter of law. The court also found that defendant's arguments regarding the door's stability, its open and obvious nature, or any comparative fault on the part of the plaintiff were either unpersuasive or unpreserved for appellate review.
Kenyon v. Oneonta City School District is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Plaintiff was injured at defendant's high school when a large, heavy door, which had been propped unsecured against a wall by a maintenance worker, fell on her while she was searching for a bathroom. She subsequently commenced a negligence action, alleging the creation of a dangerous condition. The Supreme Court granted plaintiff's motion for partial summary judgment on the issue of liability and simultaneously denied defendant's motion for summary judgment. The appellate court affirmed the Supreme Court's decision, concluding that the unsecured door created a dangerous condition as a matter of law. The court also found that defendant's arguments regarding the door's stability, its open and obvious nature, or any comparative fault on the part of the plaintiff were either unpersuasive or unpreserved for appellate review.
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