Cooper v. Smithtown Central School District

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered September 3, 1980, which is in favor of defendant, upon the trial court’s dismissal of the complaint “(without prejudice)”, at the conclusion of the plaintiffs’ case, at a jury trial on the issue of liability. Judgment reversed, and new trial granted, with costs to abide the event. The plaintiffs proved that the infant plaintiff was injured while walking on the outside stairs of a school building when a piece of glass, which…