In Barrera v. City of New York , Celina Barrera fell down a flight of stairs at her elementary school when she slipped on cake icing.
After Celina's mom sued the City for her daughter's injuries, the City moved to dismiss the case because the school had no prior notice of the condition.
When the Queens County Supreme Court agreed and ended the case, an appeal to the Appellate Division, Second Department, followed.
Since the school hadn't placed the icing on the stairs nor had knowledge of its existence, the AD2 thought dismissal was appropriate. While there was a bake sale going on that day, that didn't serve as "notice" that icing might end up on the stairs and pose a hazard.
That sure was a cake walk for the City.
To download a copy of the Appellate Division's decision, please use this link: Barrera v. City of New York