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DELGADO v. BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 1 OF THE TOWNS OF GREENBURGH & MT. PLEASANT

65 A.D.2d 547 (1978)

Pedro V. Delgado, an Infant by His Parent and Natural Guardian Pedro Delgado, et al., Respondents, v. Board of Education of Union Free School District No. 1 of the Towns of Greenburgh and Mt. Pleasant, Defendant and Third-Party Plaintiff-Appellant. Board of Education of Mt. Pleasant Central School District, Thornwood, Third-Party Defendant-Appellant

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

October 2, 1978

Order reversed, without costs or disbursements, plaintiffs' motion denied, jury verdict reinstated and action remitted to Trial Term for the entry of an appropriate judgment.

The trial court erred in setting aside the jury verdict and in ordering a new trial. The evidence presented questions of fact as to the negligence of the appellants. It cannot be said that the jury could not have reached its verdict on any fair interpretation of the evidence

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