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

20 A.D.2d 555 (1963)

Pierre Henry, an Infant, by Irma Miles, His Guardian ad Litem, et al., Appellants, v. Board of Education of the City of New York, Respondent

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

December 16, 1963

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

Examination of the record discloses that by reason of the Trial Judge's undue participation in the trial, the plaintiffs were impeded in adducing the proof needed to establish a prima facie case. Under all the circumstances, the plaintiffs did not have a fair trial, and a new trial is required, in the interests of justice (cf. Levy v. Reilly,

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