Practice point: Defendant's summary judgment motion was granted when the evidence established that the desk drawer had never fallen off before, and there was no suggestion that other desks had defectively secured tracks.
Students should note that the fact that, after the accident, the drawer's track was hanging off does not establish notice, as the track mounting's condition was visible only after the drawer fell.
Fernandez v. City of New York , NY Dept. 2011
Monday's issue is notice of claim.
