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PEREZ v. CITY OF N. Y.

58 Misc.2d 555 (1968)

Rhaiza Perez, an Infant, by Juan Perez, Her Guardian ad Litem, et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Trial Term, Kings County.

November 18, 1968

Attorney(s) appearing for the Case

Benjamin D. Fernbach (Julien, Glaser & Blitz and Marie Lambert of counsel), for plaintiffs. J. Lee Rankin, Corporation Counsel (Frank P. Margiatordi of counsel), for defendants.

BENJAMIN BRENNER, J.

Plaintiffs seek a new trial on the issue of liability and the defendant Board of Education demands dismissal of the complaint by virtue of a jury's initial special verdict that the six-year-old infant plaintiff had been scalded because of the board's negligence and through her own contributory fault. On reconsideration, a second special verdict again found the board negligent but this time...

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