Legal Opinion · Dissent
Luis v. Church of St. Angela Merici
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 1976Published
1Dissent
Murphy, J. (dissenting). I
disagree and vote to reverse the interlocutory judgment on appeal and to dismiss the complaint.
On the critical day in issue, September 22, 1971, othe 13-year-old plaintiff, an eighth grader at defendant’s grammar school, was requested, with a companion, to bring in the milk from the inner yard (where it had been left by the supplier) to the cafeteria. Each carton was about 18 inches wide, a foot long and a foot high and was filled with 35 half-pint containers of milk.
To reach the cafeteria, plaintiff had to walk down two separate concrete flights of stairs, one of…
2Cases cited6 opinions
- Ohman v. Board of Educ. of City of N.Y.New York Court of Appeals · 1949
- Rivera v. City of New YorkNew York Court of Appeals · 1962
- Hoose v. S. S. DrummNew York Court of Appeals · 1939
- Applebaum v. B.E. of the City N.Y.New York Court of Appeals · 1948
- Feuerstein v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1961
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