Legal Opinion

Chmela v. Board of Education

New York Supreme Court

Decided September 13, 1960PublishedCited by 3 opinions

1Opinion of the CourtJ. Irwin Shapiro, J.

In this action for personal injuries sustained by the infant plaintiff and for loss of services by his guardian ad litem, the jury found a verdict for the plaintiffs. The court is now called upon to decide the defendants’ motions to dismiss made at the end of the plaintiffs’ case, and at the end of the entire case, and their motions to set aside the verdict and for a dismissal of the complaint.

In disposing of a motion to dismiss a complaint at the end of the plaintiffs ’ case the court is guided by the rule ‘ ‘ that the facts adduced at the trial are to be considered in the aspect most…

2Cases cited9 opinions

  1. Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
  2. Ohman v. Board of Educ. of City of N.Y.New York Court of Appeals · 1949
  3. Sagorsky v. MalyonNew York Court of Appeals · 1954
  4. Wilber v. City of Binghamton, Board of EducationNew York Court of Appeals · 1947
  5. Maurer v. Board of Education of the City of New YorkNew York Court of Appeals · 1945

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3Cited by3 opinions

  1. Goldenberg v. Bartell Broadcasting Corp.New York Supreme Court · 1965
  2. Rock v. Central Square School DistrictAppellate Division of the Supreme Court of the State of New York · 1985
  3. Chmela v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1962

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