DINARDO v. CITY OF NEW YORK


57 A.D.3d 373 (2008)

871 N.Y.S.2d 15

ZELINDA ANTOINETTE DINARDO, Respondent, v. CITY OF NEW YORK, Defendant, and BOARD OF EDUCATION OF THE CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

December 23, 2008.


The trial court properly denied defendant Board of Education's motion at the close of plaintiff's case for judgment as a matter of law (CPLR 4401). Plaintiff, a special education teacher, was injured when she attempted to protect one of her students from attack by another student with a history of aggressive and disruptive behavior. "A motion for judgment at the close of all the evidence is substantially equivalent to one for a directed verdict made at that point . . . In...

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