
    Richard Vitagliano, an Infant, by His Guardian ad Litem, Thomas Vitagliano, et al., Respondents, v. Board of Education of the City of New York, Appellant.
   In an action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Kings County, entered January 14, 1960, in favor of plaintiffs, after a jury trial. The infant plaintiff, while in his classroom awaiting dismissal for the day, was hit in his right eye by a blackboard eraser thrown by a classmate, causing said plaintiff to lose his sight in said eye. Judgment reversed and a new trial granted, with costs to abide the event. In our opinion the verdict is against the weight of the evidence. Beldock, Ughetta and Christ, JJ., concur; Nolan, P. J., and Kleinfeld, J., dissent and vote to affirm.  