ROBERTSON v. KENMORE-TOWN OF TONAWANDA UNION FREE SCH. DIST.


112 A.D.2d 17 (1985)

Barbara Robertson, Individually and as Parent and Natural Guardian of Molly Hanavan, an Infant, Appellant, v. Kenmore-Town of Tonawanda Union Free School District et al., Respondents

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

June 4, 1985


Judgment unanimously reversed, on the law, with costs, and a new trial granted.

Memorandum:

The trial court's failure to include a reference to instructions and equipment in the written interrogatories given to the jury was erroneous in light of the court's charge on those subjects. In our view this restricted the jury's consideration, since the jury may have failed to consider grounds of liability as to which proof was presented by plaintiff (cf. ...

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