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Passantino v. Bd. of Educ. of the City of New York

Roy C. Passantino, an Infant, by His Father and Natural Guardian, Robert C. Passantino, Et Al., Respondents, v. Board of Education of the City of New York, Appellant, Et Al., Defendant

Passantino v. Bd. of Educ. of the City of N.Y., 363 N.E.2d 1373 (N.Y. 1977)
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Court
New York Court of Appeals · State Highest Courts
Decided
April 26, 1977
Judges
Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur
Citations
363 N.E.2d 137341 N.Y.2d 102241 N.Y. 1022395 N.Y.S.2d 6281977 N.Y. LEXIS 2072

Opinion

Memorandum. The order of the Appellate Division should be reversed.

Upon our review of the facts in this record, as set forth in the dissenting opinion of Mr. Justice Cohalan at the Appellate Division, it is apparent that the plaintiff failed to establish a prima facie case at trial. There was no showing of negligence or lack of due care on the part of the defendant board of education. Therefore, the defendants’ motion to dismiss the complaint, made at the end of the entire case, should have been granted.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order reversed, with costs, and the complaint dismissed in a memorandum.

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Cited by 10 cases

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1985: 21987: 11988: 11989: 11990: 11994: 11998: 12011: 219852026peak 1985 · 2

Relies on it most ⓘ

  1. Benitez v. New York City Board of Education541 N.E.2d 29 (N.Y. 1989)
  2. Hammond v. Bd. of Educ. of Carroll County639 A.2d 223 (Md. Ct. Spec. App. 1994)
  3. Hauser v. North Rockland Central School District No. 1166 A.D.2d 553 (1990)
  4. Maddox v. City of New York108 A.D.2d 42 (1985)
  5. Totan v. Board of Education133 A.D.2d 366 (1987)
  6. Nauta v. City of Poughkeepsie, NY610 F. Supp. 980 (S.D.N.Y. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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