Newton v. Board of Education

The infant plaintiff was injured because of the alleged negligence of the defendant. The accident happened at the school playground during a lunch recess, and plaintiff has already examined the defendant board of education by its superintendent, the principal of the school, the scene of the accident, and two teachers on duty in the playground at the time of the occurrence. Following the conclusion of the examinations plaintiff served a notice for discovery and inspection upon the defendant (CPLB. 3120). This notice was addressed to the discovery of a report of the accident, a “ teachers’…