RIVERA v. BD. OF EDUC.


11 A.D.2d 7 (1960)

Marta Rivera, an Infant, by Eladio Rivera, Her Guardian ad Litem, Appellant, v. Board of Education of the City of New York et al., Respondents, et al., Defendant Theresa Rivera, Appellant, v. Playschools Association, Inc., et al., Respondents

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

June 14, 1960.


Attorney(s) appearing for the Case

Gerald P. Halpern of counsel (Jessel Rothman with him on the brief; Halpern & Rothman, attorneys), for appellants.

Fred Iscol of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel, attorney), for the Board of Education of the City of New York, respondent.

James M. McLaughlin, Jr., of counsel (Galli, Terhune, Gibbons & Mulvehill, attorneys), for Playschools Association, Inc., and another, respondents.

BOTEIN, P. J., BREITEL, VALENTE and McNALLY, JJ., concur.


STEVENS, J.

This is an appeal from a judgment which dismissed the complaints in consolidated actions for personal injuries and for loss of services upon motions of all the defendants except the City of New York, following the plaintiffs' opening statement to the jury. A cause of action against the city for malpractice was not dismissed and is not in issue on this appeal.

The question to be determined is...

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