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


36 A.D.2d 952 (1971)

Judith M. Lowe et al., Appellants, v. Board of Education of the City of New York, Respondent

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

May 3, 1971


Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event.

The questions of fact have not been considered. The accident in question occurred on March 14, 1963 in the gymnasium class in which the injured plaintiff was a pupil. She claims she had a physical disability because of a prior injury; and she testified that defendant had notice of her disability by three notes from her doctor in 1962 and that over her...

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