In Miles v. Hicksville U.F.S.D. , young Lauren Miles was sitting at a classroom desk when she scraped her leg against a broken metal rod which protruded from under the furniture. (The item detached from a metal basket used to hold books.)
After Miles sued Hicksville Middle School in the Nassau County Supreme Court, Hicksville sought the case's dismissal claiming its employees hadn't caused the rod to become detached and that it had no notice of the dangerous condition.
When that request was denied, Hicksville appealed to the Appellate Division, Second Department.
The AD2 didn't think the case could continue because Miles failed to offer any evidence the desk was under Hicksville's exclusive control, particularly since "numerous students" had access to the fixture.
Lauren lost that one by Miles.
To download a copy of the Appellate Division's decision, please use this link: Miles v. Hicksville U.F.S.D.