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

42 A.D.2d 787 (1973)

Patricia Lomont, an Infant, by Max Lomont, Her Father, et al., Appellants, v. Board of Education of the City of Mount Vernon et al., Respondents

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

July 30, 1973

Judgment affirmed, without costs.

No opinion.

Shapiro, J., concurs in the affirmance as to the defendant Board of Education and otherwise dissents and votes to reverse the judgment insofar as it is in favor of defendant Brown and to grant a new trial as to the latter, with the following memorandum, in which Christ, J., concurs:

The dismissal by the trial court of plaintiffs' complaint at the close of their case (as against defendant Brown...

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