# Applebaum v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · June 17, 1947 · 272 A.D.2d 875

URL: https://www.frixlaw.com/law-library/cases/6052290

## Case

- **Full name:** Adelaide Applebaum, an Infant, by Pauline Applebaum, Her Guardian ad Litem v. Board of Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 17, 1947
- **Citations:** 272 A.D.2d 875
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Voorhis
- **Judges:** Voorhis
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6052290

## Opinion text

Van Voorhis, J.
(dissenting and voting to dismiss the complaint). If boards of education are to be subjected to absolute liability in the case of injuries to children sustained in performing classroom chores, it will need to be done by statute rather than by stretching the law of negligence to cover the situation. School boards and districts have not yet become insurers of safety in the fulfillment by a pupil of a mission so apparently harmless in nature as the opening of a window in good repair, even if done by using the ordinary window pole. It seems to. me that the judgment can be affirmed on no other basis.
I vote to reverse and dismiss the complaint.
Cohn, Callahan and Peck, JJ., concur in decision; Van Voorhis, J., dissents in opinion.
Judgment affirmed, with costs. Mo opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6052290. Public record. Not legal advice.