Aronoff v. Board of Educ. of City of New York
| Decision Date | 10 April 1961 |
| Citation | 216 N.Y.S.2d 675,13 A.D.2d 679 |
| Parties | Nathaniel ARONOFF and Joseph Aronoff, Respondents, v. BOARD OF EDUCATION OF CITY OF NEW YORK, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Charles H. Tenney, Corporation Counsel, New York City, Robert L. Ellis, New York City, of counsel, for appellant.
Abraham I. Simon, New York City, Benjamin Heller, New York City, of counsel, for respondents.
In a negligence action, defendant Board of Education appeals from a judgment of the Supreme Court, Kings County, rendered October 9, 1959, in favor of the plaintiffs, after a jury trial. Plaintiff Nathaniel Aronoff, a student at a public high school, while in a locker room, maintained as accessory to the school gymnasium, was struck in the eye by a thrown sneaker. Plaintiffs contended, and the jury found, that in view of defendant's knowledge of the disorder and misconduct usually prevalent in the locker room, it was negligent in failing to exercise proper supervision to prevent the accident. Judgment affirmed, with costs. No opinion.
UGHETTA, J., dissents and votes to reverse the judgment and to dismiss the complaint, with the following memorandum:
After coming from a gymnasium class the then infant plaintiff, Nathaniel Aronoff, was struck in the eye by a thrown sneaker while in a locker room with other high school students. The proof is insufficient to warrant liability on the alleged failure of defendant to anticipate the injury and to provide a teacher in the locker room (Ohman v. Board of Educ. of City of N.Y., 300 N.Y. 306, 90 N.E.2d 474; Wiener v. Board of Education, 277 App.Div. 934, 98 N.Y.S.2d 608; Bertola v. Board of Education, 1 A.D.2d 973, 150 N.Y.S.2d 831).
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...or to the school board that conditions existed which would produce such disorder or hazard (e. g., Aronoff v. Board of Education of City of New York, 13 A.D.2d 679, 216 N.Y.S.2d 675; affd. 10 N.Y.2d 828, 221 N.Y.S.2d 722, 178 N.E.2d 426; Wiener v. Board of Education of City of New York, 277......
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