GALLAGHER v. CITY OF NEW YORK


30 A.D.2d 688 (1968)

Eileen Gallagher, Respondent, et al., Plaintiff, 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, Second Department.

June 17, 1968


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

On January 21, 1958, plaintiff, then 13 years old, was raped as she proceeded on an errand pursuant to her teacher's direction in John Marshall Junior High School at Park Place and Rochester Avenue in Brooklyn. During trial on the liability issue, the trial court admitted into evidence three reports of prior incidents which had occurred at this school. One report dealt...

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