Roman v. Board of Education

Order, Supreme Court, New York County (Martin Shulman, J.), entered June 3, 2003, which denied plaintiffs motion for leave to submit this action to a jury on the theory of res ipsa loquitur and granted defendants’ respective cross motions for summary judgment dismissing the complaint, unanimously modified, on the law, to the extent of denying the motion of defendant Board of Education and reinstating the complaint as *306against it, and permitting plaintiff to proceed under res ipsa loquitur as against said defendant, and otherwise affirmed, without costs.

The infant plaintiff Daniel Roman, who…