Scott v. Board of Education , 16 A.D.2d 1009 ( 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.

Document Info

Citation Numbers: 16 A.D.2d 1009

Filed Date: 6/21/1962

Precedential Status: Precedential

Modified Date: 1/12/2022