Ferraro v. Board of Ed. of City of New York
| Decision Date | 30 October 1961 |
| Citation | 221 N.Y.S.2d 279,14 A.D.2d 815 |
| Parties | Josette FERRARO, an infant under the age of fourteen years, by her guardian ad litem, Joseph Ferraro, Plaintiff-Respondent, and another, Plaintiff, v. BOARD OF EDUCATION OF the CITY OF NEW YORK, Defendant-Appellant, and another, Defendant. |
| Court | New York Supreme Court — Appellate Division |
Chas. H. Tenney, Corp. Counsel, New York City, for appellant; John A. Murray, New York City, of counsel.
William G. Werner, New York City, for respondent; Herbert L. Fine, New York City, of counsel.
Before NOLAN, P. J., and BELDOCK, KELEINFELD, CHRIST and PETTE, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries suffered by the infant plaintiff, a public school pupil, as a result of an assault by another pupil while both were attending a Junior High School operated by the defendant Board of Education of the City of New York, the said Board, by permission of the Appellate Term of the Supreme Court in this Department, appeals: (1) from a resettled order of said Appellate Term, entered February 15, 1961, which affirmed a judgment of the City Court of the City of New York, Queens County, dated December 7, 1959, as resettled by its order dated February 26, 1960, insofar as such judgment is in favor of the infant plaintiff for $1,674 against said Board; and (2) from the judgment of said City Court thereafter entered on March 10, 1961, upon such order of the Appellate Term.
Resettled order of the Appellate Term, affirmed with costs. No opinion.
Appeal from judgment of the City Court entered on such order of the Appellate Term, dismissed; no appeal lies to this court from such judgment (Shuffian v. Garfola, 9 A.D.2d 910, 195 N.Y.S.2d 45).
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...engaged in distributing food to children nearby); Ferraro v. Board of Education, 32 Misc.2d 563, 212 N.Y.S.2d 615, aff'd 14 App.Div.2d 815, 221 N.Y.S.2d 279 (1961) (assault); and Gordon v. Deer Park School Dist., 71 Wash.2d 119, 426 P.2d 824 (1967) (bat slipping from teacher's hands and fly......
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