Practice point: Awareness of unsanitary conditions at
the school was insufficient evidence that defendant was on notice of the
presence of the fungal pathogen Candida Dubliniensis, the fungus that
allegedly caused plaintiff's eye infection. In addition, plaintiff failed to proffer any evidence that the fungus
existed at the school at all, other than speculation based on
plaintiff's unusual infection. Finally, there was no evidence that defendant exercised
supervision and control over plaintiff's work, so as to impart liability
pursuant to Labor Law § 200.
Student note: A general awareness that a dangerous condition may be present is
legally insufficient to charge a defendant with constructive notice.
Case: Koerner v. City of New York, NY Slip Op 07410 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: A cause of action for an accounting.
