In Barrera v. City of New York, an infant plaintiff sought to recover against the City for injuries allegedly sustained when she slipped and fell on cake frosting on a staircase at her elementary school. The primary basis for recovery was that the defendant was on actual and/or constructive notice of the hazardous condition because the defendant was aware of a bake sale that was taking place in the school. In upholding the lower courts decision that granted the defendant summary judgment, the Second Department noted that the defendants’ general awareness that bake-sale items might fall on the school premises was insufficient to establish constructive notice of the particular condition at issue.

Thanks to Lora Gleicher for her contribution to this submission.

http://www.courts.state.ny.us/reporter/3dseries/2009/2009_02551.htm