BENITEZ v. N.Y. BD. OF EDUC.


73 N.Y.2d 650 (1989)

Sixto R. Benitez, Respondent, v. New York City Board of Education et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 8, 1989.


Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Fay Leoussis and Leonard Koerner of counsel), for appellants.

Stephen C. Glasser and Robert G. Sullivan for respondent.

Ronald R. Shaw for New York State Public High School Athletic Association, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

In this personal injury action seeking damages arising from a paralyzing high school football injury, the jury returned a verdict for plaintiff Benitez on four separate theories of negligence against the New York City Board of Education (Board) and its Public Schools Athletic League (PSAL). The Trial Justice granted a postverdict motion rejecting two of...

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