Carr v. City of New York

Appellate Division of the Supreme Court of New York

Carr v. City of New York

26 A.D.2d 949, 275 N.Y.S.2d 1010, 1966 N.Y. App. Div. LEXIS 3033

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

DecidedNovember 21, 1966

StatusPublished

Cited by1 cases

This text of 26 A.D.2d 949 (Carr v. City of New York) 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

Carr v. City of New York, 26 A.D.2d 949, 275 N.Y.S.2d 1010, 1966 N.Y. App. Div. LEXIS 3033 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a negligence action by (1) an infant to recover damages for personal injuries sustained when, in the absence of a teacher assigned to supervise gymnastic activities in a public school, classmates caused the infant plaintiff to slip and fall from a rope which he had been directed to climb, and (2) his mother for medical expenses and loss of services, defendant the Board of Education appeals from a judgment of the Supreme Court, Queens County, entered June 8, 1965, in plaintiffs’ favor upon a jury verdict. As against defendant the City of New York, the action was discontinued. Judgment reversed, on the law and the facts, and new trial granted as between plaintiffs and appellant, with costs to abide the event. In our opinion, the verdict was against the weight of the credible evidence and a new trial is warranted in the interests of justice. Beldock, P. J., Ughetta, Christ, Rabin and Benjamin, JJ., concur.

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In a negligence action by (1) an infant to recover damages for personal injuries sustained when, in the absence of a teacher assigned to supervise gymnastic activities in a public school, classmates caused the infant plaintiff to slip and fall from a rope which he had been directed to climb, and (2) his mother for medical expenses and loss of services, defendant the Board of Education appeals from a judgment of the Supreme Court, Queens County, entered June 8, 1965, in plaintiffs’ favor upon a jury verdict. As against defendant the City of New York, the action was discontinued. Judgment reversed, on the law and the facts, and new trial granted as between plaintiffs and appellant, with costs to abide the event. In our opinion, the verdict was against the weight of the credible evidence and a new trial is warranted in the interests of justice. Beldock, P. J., Ughetta, Christ, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

26 A.D.2d 949, 275 N.Y.S.2d 1010, 1966 N.Y. App. Div. LEXIS 3033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-city-of-new-york-nyappdiv-1966.

Opinion

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