1250 Broadway, 27th Floor New York, NY 10001


fire_alarm_box_phogo_nyreblob_ com_.JPGJose Martinez Jr. sued the City of New York after he was pushed down a flight of stairs by a fellow classmate during the course of a fire drill.

Even though the kid that did the pushing had a "disciplinary problem" both the Bronx County Supreme Court and the Appellate Division, First Department, were of the view that there was no liability for what had transpired.

Because there were no building defects, or prior incidents of students falling or being pushed down the stairs, and, because the kids were found to have been "adequately supervised," the City couldn't be expected to anticipate (or control) the aggressor's sudden and spontaneous act.

By now, you know the drill.

drill_gif_nyreblog_com_.GIFTo view a copy of the Appellate Division's decision, please use this link: Martinez v. City of New York