FEIN v. BD. OF EDUC. OF THE CITY OF NEW YORK


305 N.Y. 611 (1953)

Harold Fein et al., Appellants, v. Board of Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 6, 1953


Attorney(s) appearing for the Case

Bernard Meyerson and Esther R. Brause for appellants.

Denis M. Hurley, Corporation Counsel (Edward J. McLaughlin and Seymour B. Quel of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


Per Curiam.

In submitting the case to the jury, the trial court charged that it might return a verdict in favor of plaintiffs if it found that defendant failed either (1) to furnish adequate supervision, or (2) to provide a mat underneath the chinning bar. The jury returned a verdict for plaintiff; the court set it aside and dismissed the complaint and the Appellate Division affirmed that disposition.

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