Opinion

Krey v. Board of Education

  • 202 A.D.2d 397
  • 608 N.Y.S.2d 689
  • 1994 N.Y. App. Div. LEXIS 1940
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 7, 1994
Status
Published
Cited by
2 cases
Authority
More cited than 62.4%

The opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Wood, J.), which, upon a jury verdict in favor of the defendant, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The trial court properly refused to charge the jury that the defendant was under a duty to use special skill and care as set forth in PJI 2:15. The proper charge, and the one given by the court, was PJI 2:227, which provides that the Board of Education has "a duty to exercise the same degree of care toward the students in its custody as a reasonably prudent parent would exercise under comparable circumstances” (Sprecher v Port Washington Union Free School Dist., 166 AD2d 700 ; see, Lawes v Board of Educ., 16 NY2d 302 ).

*398 The plaintiffs’ remaining contentions are unpreserved for appellate review, and, in any event, without merit. Miller, J. P., Copertino, Santucci and Goldstein, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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