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


48 A.D.2d 887 (1975)

Ruth Wiener, an Infant, by Her Guardian ad Litem, Pearl Wiener, Appellant, 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.

June 16, 1975


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

No questions of fact have been raised or considered on this appeal. The infant plaintiff was injured while ascending a flight of steps on a marble stairway in defendant's school, where she was a student. She testified that she fell, while holding on to the rail, because the steps were worn and had grooves in different parts of them which made them slippery. As she fell...

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