Infant plaintiff was injured when she lost her balance walking in a classroom in defendant's day-care center and fell, striking her right eyebrow on the edge of a shelving unit in which toys were kept. Plaintiff claims defendant created a dangerous condition by placing a "toy shelf" with sharp edges in a children's classroom, in violation of New York City Health Code 24 RCNY § 47.35(g), which mandates that "[p]lay equipment" be "free from hazards such as sharp edges."

The First Department dismissed the complaint, in Hamdan v. Mosholu Montefiore Community Ctr., which was decided on February 7, 2008. The court found no evidence indicating the cause of plaintiff's fall, and no evidence that the shelves' edges were hidden or defective. Plaintiff's citation to the Health Code raised no triable issue, because the shelving unit constitutes furniture, not play equipment. Plaintiff's expert's affidavit is unavailing since the expert never examined the unit.