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While playing basketball in defendant's gym, a student was injured when his hand struck a pane of glass in a door and the pane shattered. The student's parent filed suit alleging, among other things, that defendant was negligent in failing to install safety glass in the door. According to plaintiffs' engineering expert, safety glass prevents injury because of its ability to withstand pressure and its tendency, if broken, not to form large sharp edges.

Defendant moved to dismiss, maintaining that the glass did not constitute a defective condition, and the Second Department granted the motion, in Dwyer v. Diocese of Rockville Center, which was decided on November 7, 2007. The court said that, as a matter of law, defendant was not negligent since it submitted evidence showing that the door fully complied with all applicable building codes which were in effect at the time the school was built.