Passantino v. Bd. of Educ. of the City of New York
Cases that cite this one
10 later published cases cite this decision.
- Hammond v. Bd. of Educ. of Carroll County (Md. Ct. Spec. App. 1994)
- Benitez v. New York City Board of Education (N.Y. 1989)
- STOUGHTENGER, TORREY J. v. HANNIBAL CENTRAL SCHOOL DISTRICT (Appellate Division of the Supreme Court of New York 2011)
- Stoughtenger v. Hannibal Central School District (Appellate Division of the Supreme Court of New York 2011)
- Pike v. Gouverneur Central School District (Appellate Division of the Supreme Court of New York 1998)
- Hauser v. North Rockland Central School District No. 1 (Appellate Division of the Supreme Court of New York 1990)
- Benitez v. New York City Board of Education (Appellate Division of the Supreme Court of New York 1988)
- Totan v. Board of Education (Appellate Division of the Supreme Court of New York 1987)
- Nauta v. City of Poughkeepsie, NY (District Court, S.D. New York 1985)
- Maddox v. City of New York (Appellate Division of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Memorandum. The order of the Appellate Division should be reversed.
Upon our review of the facts in this record, as set forth in the dissenting opinion of Mr. Justice Cohalan at the Appellate Division, it is apparent that the plaintiff failed to establish a prima facie case at trial. There was no showing of negligence or lack of due care on the part of the defendant board of education. Therefore, the defendants’ motion to dismiss the complaint, made at the end of the entire case, should have been granted.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order reversed, with costs, and the complaint dismissed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.