FIGLIOMENI v. BD. OF EDUC.


38 N.Y.2d 178 (1975)

Rocco Figliomeni, an Infant, by Frank Figliomeni, His Father, Respondent, v. Board of Education of the City School District of Syracuse et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 2, 1975.


Attorney(s) appearing for the Case

Edward P. Kearse, Corporation Counsel, for appellants.

Norman H. Dachs for respondent.

Chief Judge BREITEL and Judges GABRIELLI and WACHTLER concur with Judge FUCHSBERG; Judge COOKE dissents and votes to reverse in a separate opinion in which Judges JASEN and JONES concur.


FUCHSBERG, J.

The question presented on this appeal is whether, on setting aside an $18,000 jury verdict for plaintiff, on the ground of inadequacy, in an action for damages arising out of personal injuries, the trial court properly exercised its discretion in ordering a new trial on the issue of damages alone rather than on the issues of both negligence and damages.

Defendants, contending that an entirely...

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