Sanchick v. Board of Educ. of the City of New York

Full title: SALLY SANCHICK et al., Respondents, v. BOARD OF EDUCATION OF THE CITY OF…

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 23, 1958

11 Misc. 2d 876 (N.Y. App. Term 1958)

172 N.Y.S.2d 748

Opinion

January 23, 1958

Appeal from the City Court of the City of New York, Bronx County, JULIUS J. GANS, J.

Peter Campbell Brown, Corporation Counsel ( Seymour B. Quel and R.L. Ellis of counsel), for appellant.

Jacob Rassner and Warren Small for respondents.

Per Curiam.

The conduct of the students, while proceeding from a classroom on the fourth floor of the school building to a classroom on the fifth floor was not so unruly or disorderly that if the teacher had been at her post instead of conversing with another teacher in the hall nearby she would have been required to take some positive action to restore order. No actionable negligence has been established. To hold defendant liable in the circumstances here disclosed would be tantamount to imposing an insurer's liability.

The judgment should be reversed, with costs, and complaint dismissed, with costs.

HECHT, J.P., AURELIO and TILZER, JJ., concur.

Judgment reversed, etc.