Legal Opinion
Gonzalez v. Mackler
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 1963PublishedCited by 6 opinions
1Opinion of the CourtMcNally, J.
In an action for personal injuries the infant plaintiff has been nonsuited presenting the question whether in any aspect the liability of the defendants involves issues of fact.
On April 20,1959 plaintiff, about 15 years of age, a pupil and innocent bystander, was struck by a rubber-tipped wooden pointer thrown by a second pupil and intended for a third pupil and sustained extensive and permanent injuries to his left eye. The classroom was equipped with 8 to 10 desks each seating two pupils. The class, which included the infant plaintiff, was composed of mentally retarded children ranging from…
2Cases cited5 opinions
- Ohman v. Board of Educ. of City of N.Y.New York Court of Appeals · 1949
- Curcio v. City of New YorkNew York Court of Appeals · 1937
- Peterson v. City of New YorkNew York Court of Appeals · 1935
- Wilber v. City of Binghamton, Board of EducationNew York Court of Appeals · 1947
- Blume v. City of NewburghNew York Court of Appeals · 1943
3Cited by6 opinions
- Garcia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Lauricella v. Board of Education of City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1976
- Alferoff v. CasagrandeAppellate Division of the Supreme Court of the State of New York · 1986
- Foster v. Houston General Ins. Co.Louisiana Court of Appeal · 1981
- Murray v. Research Foundation of the State UniversityNew York Supreme Court · 2000
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