Colon v. Jarvis

S. Miller, J.P.,

concurs, with the following memorandum: I agree wholeheartedly with my colleagues’ decision to affirm insofar as appealed from the order denying the motion of the defendant School District for summary judgment, and their conclusion that the holding in Barton v Bee Line (238 App Div 501) is inapplicable to the instant action. I add this concurrence solely to observe that, in citing Barton, the majority has merely held that it is inapplicable to the case before us. Therefore the question of whether Barton should be followed in the future has not been reached.

The issue raised in…