Appellate Division of the Supreme Court of New York, 1960

Vitagliano v. Board of Education

Vitagliano v. Board of Education
Appellate Division of the Supreme Court of New York · Decided December 19, 1960
12 A.D.2d 655; 208 N.Y.S.2d 1015; 1960 N.Y. App. Div. LEXIS 6425
Vitagliano v. Board of Education

Opinion of the Court

In an action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Kings County, entered January 14, 1960, in favor of plaintiffs, after a jury trial. The infant plaintiff, while in his classroom awaiting dismissal for the day, was hit in his right eye by a blackboard eraser thrown by a classmate, causing said plaintiff to lose his sight in said eye. Judgment reversed and a new trial granted, with costs to abide the event. In our opinion the verdict is against the weight of the evidence. Beldock, Ughetta and Christ, JJ., concur; Nolan, P. J., and Kleinfeld, J., dissent and vote to affirm.

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