Katz v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Katz, an infant, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 3d day of December, 1913, upon a dismissal of the complaint “ on the merits” by direction of the court on the opening, and also from the order upon which said judgment was entered.
1Opinion of the Court
McLaughlin, J.:
This action was brought against the city of New York and the board of education of the city of New York to recover damages for personal injuries alleged to have been sustained by the plaintiff while attending one of the public schools in the city of New York. At the beginning of the trial plaintiff’s counsel elected to discontinue the action as against the city of New York and to proceed against the board of education alone.
Upon the pleadings and opening of plaintiff’s counsel the complaint was dismissed upon the merits, and from the judgment entered to that effect plaintiff…
2Cases cited1 opinion
- McCarton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by2 opinions
- Van Dyke v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1922
- Kline v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1962