NESTOR v. CITY OF NEW YORK


28 Misc.2d 70 (1961)

Michael Nestor, an Infant, by His Guardian ad Litem, Jack Nestor et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Trial Term, Kings County.

February 15, 1961


Attorney(s) appearing for the Case

Herman B. Glaser for plaintiffs. Charles H. Tenney, Corporation Counsel, for defendants.


MURRAY T. FEIDEN, J.

In an action against the Board of Education to recover damages for injuries sustained by the infant plaintiff when he was struck by a bat wielded by another infant, the jury returned a verdict in favor of plaintiffs. The defendant moved to set aside the verdict upon the grounds specified in section 549 of the Civil Practice Act. Decision was reserved on this motion, on the motions to dismiss the complaint made at the end of plaintiffs...

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