Kelly v. Board of Education — 191 A.D. 254

Majority

p. 254

John Kelly, Respondent, v. The Board of Education of the City of New York, Appellant, Impleaded with The City of New York, Defendant.

(No. 2.)

First Department,

March 5, 1920.

Headnote

See head note in Kelly v. Board of Education, No. 1 (ante, p. 251).

Appeal by the defendant, The Board of Education of the • City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of April, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes.

William A. Walling of counsel [John F. O’Brien with him on the brief; William P. Burr, Corporation Counsel], for the appellant.

John C. Robinson of counsel [Theodore H. Lord with him on the brief], for the respondent.

For the reasons given in the opinion in the case of Kelly v. Board of Education, No. 1 ( 191 App. Div. 251 ), handed down herewith, the judgment and order appealed from are affirmed, with costs.

Present — Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.

Judgment and order affirmed, with costs.