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HOFFMAN v. BD. OF EDUC.

64 A.D.2d 369 (1978)

Daniel Hoffman, Respondent, v. Board of Education of the City of New York, Appellant

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

November 6, 1978

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Bernard Burstein and L. Kevin Sheridan of counsel), for appellant.

Pazer & Epstein (Perry Pazer and Helen B. Stoller of counsel), for respondent.

COHALAN and O'CONNOR, JJ., concur in the opinion of SHAPIRO, J.; MARTUSCELLO, J. P., and DAMIANI, J., dissent and vote to reverse the judgment and dismiss the complaint, with separate opinions.

SHAPIRO, J.

This is an appeal from a judgment of the Supreme Court, Queens County, which is in favor of the plaintiff, upon a jury verdict, in the principal amount of $750,000. For the reasons hereafter stated, the judgment should be reversed and a new trial granted, unless plaintiff stipulates to accept to reduce the principal amount of the verdict to $500,000.

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