Henry v. Board of Education

Appellate Division of the Supreme Court of New York

Henry v. Board of Education

20 A.D.2d 555, 245 N.Y.S.2d 21, 1963 N.Y. App. Div. LEXIS 2706

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

DecidedDecember 16, 1963

StatusPublished

This text of 20 A.D.2d 555 (Henry 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

Henry v. Board of Education, 20 A.D.2d 555, 245 N.Y.S.2d 21, 1963 N.Y. App. Div. LEXIS 2706 (N.Y. Ct. App. 1963).

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Opinion

In a negligence action to recover damages for personal injury sustained by the infant plaintiff, a student at a junior high school operated by the defendant, as the result of an assault in the school corridor upon him by another pupil in the immediate presence of a teacher; and by his mother, to recover damages for loss of services and medical expenses, the plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered June 15, 1962 after a jury trial, in favor of the defendant, dismissing the complaint at the close of plaintiffs’ case for failure of proof. Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event. Examination of the record discloses that by reason of the Trial Judge’s undue participation in the trial, the plaintiffs were impeded in adducing the proof needed to establish a prima facie ease. Under all the circumstances, the plaintiffs did not have a fair trial, and a new trial is required, in the interests of justice (cf. Levy v. Reilly, 18 A D 2d 632; Kamen Soap Prods. Co. v. Prusansky & Prusansky, 11 A D 2d 676; Whitehead v. Mutual Ins. Co., 264 App. Div. 647, 648-649; Rohatiner v. Travelers Ins. Co., 264 App. Div. 726; Brown v. Looser & Co., 244 App. Div. 819). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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In a negligence action to recover damages for personal injury sustained by the infant plaintiff, a student at a junior high school operated by the defendant, as the result of an assault in the school corridor upon him by another pupil in the immediate presence of a teacher; and by his mother, to recover damages for loss of services and medical expenses, the plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered June 15, 1962 after a jury trial, in favor of the defendant, dismissing the complaint at the close of plaintiffs’ case for failure of proof. Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event. Examination of the record discloses that by reason of the Trial Judge’s undue participation in the trial, the plaintiffs were impeded in adducing the proof needed to establish a prima facie ease. Under all the circumstances, the plaintiffs did not have a fair trial, and a new trial is required, in the interests of justice (cf. Levy v. Reilly, 18 A D 2d 632; Kamen Soap Prods. Co. v. Prusansky & Prusansky, 11 A D 2d 676; Whitehead v. Mutual Ins. Co., 264 App. Div. 647, 648-649; Rohatiner v. Travelers Ins. Co., 264 App. Div. 726; Brown v. Looser & Co., 244 App. Div. 819). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

20 A.D.2d 555, 245 N.Y.S.2d 21, 1963 N.Y. App. Div. LEXIS 2706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-board-of-education-nyappdiv-1963.

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