Spiegler v. School Dist. of City of New Rochelle

Full title: JOHN SPIEGLER, Individually and as Guardian ad Litem of ROSEMARY SPIEGLER…

Court: Court of Appeals of the State of New York

Date published: Jan 20, 1966

215 N.E.2d 165 (N.Y. 1966)

215 N.E.2d 165

267 N.Y.S.2d 908

Opinion

Argued January 12, 1966

Decided January 20, 1966

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. DILLON, J.

Thomas Grimes and Donald A. Mead for appellants.

Jerome N. Wanshel and Donald S. Mazin for respondent.

Order affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, BURKE and KEATING. Judges VAN VOORHIS, SCILEPPI and BERGAN dissent and vote to reverse and to dismiss the complaint upon the ground that no actionable negligence has been proven against defendants.