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


25 A.D.2d 676 (1966)

Glenn S. Schechtman, an Infant, by Louis Schechtman, His Guardian ad Litem, et al., Respondents, v. Board of Education of the City of New York, Appellant

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

March 21, 1966


Judgment reversed, on the law and in the interests of justice, without costs, and new trial granted.

Findings of fact implicit in the verdict are affirmed; a new trial would not be granted upon the questions of fact. The accident occurred in March, 1955 when the infant plaintiff was 6 years of age. The trial was held in November, 1960; a previous trial in November, 1959 had resulted in a jury disagreement. An examination of the plaintiff father, who was not a witness...

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