Silverman v. Board of Ed. of City of New York
| Decision Date | 19 February 1962 |
| Citation | 15 A.D.2d 810,225 N.Y.S.2d 77 |
| Parties | Lawrence SILVERMAN, an infant over the age of 14 years, by his mother, Frances Silverman; and Frances Silverman, Respondents, v. The BOARD OF EDUCATION OF the CITY OF NEW YORK, Defendant-Appellant, and The City of New York, Defendant. |
| Court | New York Supreme Court — Appellate Division |
Leo A. Larkin, New York City, for appellant; John A. Murray, New York City, of counsel.
George Greener, Brooklyn, for respondent; Bernard Meyerson, Brooklyn, of counsel.
Before BELDOCK, P. J., and CHRIST, HILL, RABIN and HOPKINS, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries suffered by the infant plaintiff, a student at Lafayette High School, operated by the defendant Board of Education of the City of New York, when he was assaulted by other pupils while attending a scheduled 'gym' period in the playground of that school; and by the infant's mother to recover damages for the loss of services and for medical expenses, the Board, by permission of the Appellate Term of the Supreme Court in the Second Judicial Department, appeals from an order of said Appellate Term, dated February 7, 1961, which affirmed a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, Second District, entered on December 31, 1959, after a jury trial, in favor of the plaintiffs and against said Board. By its notice of appeal, the Board also appeals from a judgment of said Municipal Court entered on February 17, 1961 upon the order of affirmance of the Appellate Term.
Order of the Appellate Term, affirmed, with costs. (Cf. Ferraro v. Board of Educ. of City of N. Y., 14 A.D.2d 815, 221 N.Y.S.2d 279.)
Appeal from the judgment of the Municipal Court entered upon the order of affirmance 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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