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PECK v. BD. OF EDUC. OF THE CITY OF MOUNT VERNON

35 A.D.2d 978 (1970)

Edith B. Peck, as Administratrix of The Estate of Edwin C. Quinn, III, Deceased, Respondent, v. Board of Education of the City of Mount Vernon et al., Appellants

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

December 21, 1970

Judgment reversed insofar as appealed from, on the law and the facts, without costs, and complaint dismissed.

Plaintiff's son, Edwin Quinn, was accidentally kicked during his gymnasium class. The complaint charged negligence in instruction and supervision of the class causing the injury, as well as negligence in unreasonably delaying and administering medical aid. The Trial Justice refused to submit to the jury the issue of alleged negligent instruction and supervision...

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