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

16 A.D.2d 76 (1962)

Reuben Kass, as Administrator of The Estate of Sidney Kass, Deceased, Respondent, v. Board of Education of the City of New York, Appellant

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

March 6, 1962.

Attorney(s) appearing for the Case

John A. Murray of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel), for appellant.

Ralph Stout of counsel (Louis Rothbard with him on the brief; Rothbard & Schulman, attorneys), for respondent.

BREITEL, J. P., McNALLY, EAGER, STEUER and BERGAN, JJ., concur.

Per Curiam.

The accident which resulted in the tragic death of the deceased is to a degree unexplained. The deceased, a senior at Junior High School No. 127 in The Bronx, with a notable record of scholastic accomplishment, was operating the crank of a gear box designed to raise and lower a screen in the school auditorium. He received a severe blow on the head and it is plaintiff's theory that the removable crank was inadvertently pulled from the gear box with...

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