Martello v. Board of Education

Walter J. Bayer,

J. On March 9, 1953, the plaintiff John Martello, an infant who was 12 years old, sustained personal injuries due to the alleged negligence of the defendants while he was a student assigned to a class for the mentally retarded in Public School 59 in Manhattan. On June 5, 1953, the plaintiffs served a timely notice of claim upon the defendants. On March 5, 1954, the plaintiffs instituted an action in the Supreme Court.

On March 19,1962, Mr. Justice Flynn dismissed the action on the ground that plaintiffs’ counsel refused to proceed to trial when so directed by the Judge.…