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

12 A.D.2d 797 (1961)

Carl Abruzzo, an Infant, by Charles Abruzzo, His Guardian ad Litem, et al., Respondents, v. Board of Education of the City of New York, Appellant

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

January 16, 1961

Judgment reversed on the law and the facts and a new trial granted, with costs to abide the event.

After comparing the versions of the accident as given by the infant plaintiff shortly after and some time after the accident with his belated version at the trial, and after examining the entire record, it is our opinion that the verdict is contrary to the weight of the credible evidence (see, e.g., Cavadi v. New York City Tr. Auth., 7 A.D.2d...

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