General

Jay H. Ferrill, Jr., an Infant, by Minnie F. Ferrill, His Guardian ad Litem, Respondent, v. Board of Education, Central School District No. 1, of the Towns of Monroe, Woodbury, Blooming Grove, Chester and Tuxedo, Appellant, et al., Defendant

6 A.D.2d 802·New York Supreme Court, Appellate Division·1958·NY

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Opinion

Jay H. Ferrill, Jr., an Infant, by Minnie F. Ferrill, His Guardian ad Litem, Respondent, v. Board of Education, Central School District No. 1, of the Towns of Monroe, Woodbury, Blooming Grove, Chester and Tuxedo, Appellant, et al., Defendant. [MAJORITY] Motion by appellant for leave to appeal to the Court of Appeals from an order of this court reversing a judgment in favor of respondent and against appellant and granting a new trial. Motion denied. An appeal from an order of the Appellate Division granting a new trial may be taken as of right on a stipulation for judgment absolute (Civ. Prac. Act, § 588, subd. 3), by a party aggrieved (Lee v. Gander, 271 N. Y. 568; Gibbons v. Schwartz, 288 N. Y. 612). Present — Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ.