WIENER v. BD. OF EDUC. OF CITY OF NEW YORK


277 A.D. 934 (1950)

Stanley L. Wiener, an Infant, by Irving I. Wiener, His Guardian ad Litem, et al., Respondents, v. Board of Education of the City of New York, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 7, 1950.


The classmate had on two prior occasions thrown such missiles in the classroom but had caused no injuries. The appellant had knowledge of such prior incidents, and had required the classmate to remain outside the room until the arrival of the teacher. Such requirement was enforced for about a month and a half. About two weeks prior to the incident in suit, the requirement was relaxed and the classmate was permitted to enter the room prior to the arrival of the teacher. Nothing...

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