Sanchick v. Board of Education

Appellate Terms of the Supreme Court of New York

Sanchick v. Board of Education

11 Misc. 2d 876, 172 N.Y.S.2d 748, 1958 N.Y. Misc. LEXIS 4007

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 23, 1958

StatusPublished

Cited by3 cases

This text of 11 Misc. 2d 876 (Sanchick v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sanchick v. Board of Education, 11 Misc. 2d 876, 172 N.Y.S.2d 748, 1958 N.Y. Misc. LEXIS 4007 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The conduct of the students, while proceeding from a classroom on the fourth floor of the school building to a classroom on the fifth floor was not so unruly or disorderly that if the teacher had been at her post instead of conversing with another teacher in the hall nearby she would have been required to take some positive action to restore order. No actionable negligence has been established. To hold defendant liable in the circumstances here disclosed would be tantamount to imposing an insurer’s liability.

The judgment should be reversed, with costs, and complaint dismissed, with costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

The conduct of the students, while proceeding from a classroom on the fourth floor of the school building to a classroom on the fifth floor was not so unruly or disorderly that if the teacher had been at her post instead of conversing with another teacher in the hall nearby she would have been required to take some positive action to restore order. No actionable negligence has been established. To hold defendant liable in the circumstances here disclosed would be tantamount to imposing an insurer’s liability.

The judgment should be reversed, with costs, and complaint dismissed, with costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

11 Misc. 2d 876, 172 N.Y.S.2d 748, 1958 N.Y. Misc. LEXIS 4007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchick-v-board-of-education-nyappterm-1958.

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