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Scott v. Board of Education
1962 N.Y. App. Div. LEXIS 9092
| N.Y. App. Div. | 1962
|
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The record would sustain a verdict either for assault or negligence, and there is no contention that either is against the weight of evidence; but the record does not sustain a verdict found on both negligence and assault and is thus inconsistent. Judgment reversed on the law and the facts, with costs to plaintiffs, and a new trial ordered unless within 10 days from notice of entry of the order herein, plaintiffs stipulate to a modification to base the judgment either on assault or negligence, in which event the judgment as thus modified is affirmed. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

Case Details

Case Name: Scott v. Board of Education
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 21, 1962
Citation: 1962 N.Y. App. Div. LEXIS 9092
Court Abbreviation: N.Y. App. Div.
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