Rivera v. Board of Education

This is an appeal from a judgment which dismissed the complaints in consolidated actions for personal injuries and for loss of services upon motions of all the defendants except the City of New York, following the plaintiffs’ opening statement to the jury. A cause of action against the city for malpractice was not dismissed and is not in issue on this appeal.

The question to be determined is whether the trial court could properly nonsuit the plaintiffs upon the record before us which consists of the pleading’s, opening statement, oral motions and arguments. For unless the facts as alleged in…