21 A.D.2d 878 | N.Y. App. Div. | 1964
In an action to recover damages for personal injury, loss of services and medical expenses, the plaintiffs (mother and son) appeal from a judgment of the Supreme Court, Queens County, entered April 17, 1963 upon the court’s oral opinion after a jury trial, dismissing the complaint at the close of plaintiffs’ case. Judgment affirmed, without costs. No opinion. Beldoek, P. J., Ughetta, Christ and Hopkins, JJ., concur; Rabin, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum: The infant plaintiff (hereafter called the “plaintiff”) was injured on March 7, 1958 during a period of physical education in the gymnasium of Jamaica High School. He was a second-year student, 16 years old and 6 feet tall at the time. A group of 90 students ranging in age from 14 to 18 years was