WEISS v. CITY OF NEW YORK


19 A.D.2d 802 (1963)

Harry Weiss, an Infant, by Moses Weiss, His Guardian ad Litem, et al., Respondents, v. City of New York, Defendant, and Board of Education of the City of New York, Appellant

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

October 3, 1963


Order, entered on January 3, 1962, setting aside verdict, reversed, on the law, and verdict reinstated, with $20 costs and disbursements in favor of defendant Board of Education against plaintiff.

There was substantial evidence from which the jury could have resolved the issues both of negligence and contributory negligence as they did. Consequently it was error to disturb the verdict. A jury verdict in favor of defendant is not to be set aside unless it appears plainly...

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