Brown v. Board of Education

Appellate Division of the Supreme Court of New York

Brown v. Board of Education

37 A.D.2d 836, 326 N.Y.S.2d 9, 1971 N.Y. App. Div. LEXIS 3359

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 4, 1971

StatusPublished

Cited by2 cases

This text of 37 A.D.2d 836 (Brown v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Board of Education, 37 A.D.2d 836, 326 N.Y.S.2d 9, 1971 N.Y. App. Div. LEXIS 3359 (N.Y. Ct. App. 1971).

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Opinion

In an action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered January 18, 1971, in favor of defendant Board of Education upon the trial court’s dismissal of the complaint at the end of the entire case upon a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. In our opinion, there was sufficient proof presented from which the jury could have concluded that the defendant Board of Education’s failure to follow its own safety rules, calling for the implementation of a “ buddy system ” and a periodic “ counting ” of the children in a Board of Education swimming pool, constituted a breach of the board’s duty to provide adequate supervision. Further, it cannot be said as a matter of law that the failure of the board to follow the above regulations was not the proximate cause of the death of plaintiff’s son (cf. 41 N. Y. Jur., Negligence, § 29). Rabin, F. J., Hopkins, Munder, Latham and Christ, JJ., concur.

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In an action to recover damages for wrongful death and conscious pain and suffering, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered January 18, 1971, in favor of defendant Board of Education upon the trial court’s dismissal of the complaint at the end of the entire case upon a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. In our opinion, there was sufficient proof presented from which the jury could have concluded that the defendant Board of Education’s failure to follow its own safety rules, calling for the implementation of a “ buddy system ” and a periodic “ counting ” of the children in a Board of Education swimming pool, constituted a breach of the board’s duty to provide adequate supervision. Further, it cannot be said as a matter of law that the failure of the board to follow the above regulations was not the proximate cause of the death of plaintiff’s son (cf. 41 N. Y. Jur., Negligence, § 29). Rabin, F. J., Hopkins, Munder, Latham and Christ, JJ., concur.

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Bluebook (online)

37 A.D.2d 836, 326 N.Y.S.2d 9, 1971 N.Y. App. Div. LEXIS 3359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-board-of-education-nyappdiv-1971.

Opinion

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