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COLON v. BD. OF EDUC. OF CITY OF N. Y.

11 N.Y.2d 446 (1962)

Rafael Colon, Jr., an Infant, by His Guardian ad Litem, Rafael Colon, et al., Plaintiffs, v. Board of Education of the City of New York et al., Defendants. Julius Schulman Construction Corp. et al., Third-Party Plaintiffs-Respondents, v. Andrew Bedden, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1962.

Attorney(s) appearing for the Case

Robert A. Dwyer and William H. Morris for third-party defendant-appellant.

William F. McNulty for third-party plaintiffs-respondents.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL and BURKE concur with Judge FOSTER; Judge VAN VOORHIS dissents and votes to affirm upon the majority opinion of the Appellate Division.

FOSTER, J.

The main action herein was commenced by the infant-plaintiff, Rafael Colon, Jr., to recover damages for personal injuries sustained by him at Public School No. 25 in New York City, during the course of renovation work, and by his father for loss of services. Plaintiffs sued the Board of Education of the City of New York, Julius Schulman, and the Julius Schulman Construction Corp. Schulman and Schulman...

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