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MARTELLO v. BD. OF EDUC.

49 Misc.2d 551 (1966)

John R. Martello et al., Plaintiffs, v. Board of Education of the City of New York, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

March 1, 1966

Attorney(s) appearing for the Case

A. Alfred Schreiber for plaintiffs. Lee J. Rankin, Corporation Counsel (Ira J. Raab of counsel), for defendant.

WALTER J. BAYER, J.

On March 9, 1953, the plaintiff John Martello, an infant who was 12 years old, sustained personal injuries due to the alleged negligence of the defendants while he was a student assigned to a class for the mentally retarded in Public School 59 in Manhattan. On June 5, 1953, the plaintiffs served a timely notice of claim upon the defendants. On March 5, 1954, the plaintiffs instituted an action...

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