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Passantino v. Bd. of Educ. of the City of New York

363 N.E.2d 1373, 41 N.Y.2d 1022, 41 N.Y. 1022, 395 N.Y.S.2d 628, 1977 N.Y. LEXIS 2072
CourtNew York Court of Appeals
DecidedApril 26, 1977
StatusPublished
Cited by10 cases

This text of 363 N.E.2d 1373 (Passantino v. Bd. of Educ. of the City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Passantino v. Bd. of Educ. of the City of New York, 363 N.E.2d 1373, 41 N.Y.2d 1022, 41 N.Y. 1022, 395 N.Y.S.2d 628, 1977 N.Y. LEXIS 2072 (N.Y. 1977).

Opinion

Memorandum. The order of the Appellate Division should be reversed.

Upon our review of the facts in this record, as set forth in the dissenting opinion of Mr. Justice Cohalan at the Appellate Division, it is apparent that the plaintiff failed to establish a prima facie case at trial. There was no showing of negligence or lack of due care on the part of the defendant board of education. Therefore, the defendants’ motion to dismiss the complaint, made at the end of the entire case, should have been granted.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order reversed, with costs, and the complaint dismissed in a memorandum.

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Bluebook (online)
363 N.E.2d 1373, 41 N.Y.2d 1022, 41 N.Y. 1022, 395 N.Y.S.2d 628, 1977 N.Y. LEXIS 2072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/passantino-v-bd-of-educ-of-the-city-of-new-york-ny-1977.