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FAHY v. BD. OF EDUC., CITY OF N. Y.

2 A.D.2d 598 (1956)

James Fahy, an Infant, by Nellie Fahy, His Guardian ad Litem, et al., Respondents, v. Board of Education of the City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1956.

Attorney(s) appearing for the Case

Fred Iscol of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellant.

Harry E. Kreindler of counsel (Samuel Beinhart, attorney), for respondents.

PECK, P. J., BREITEL, COX, FRANK and VALENTE, JJ., concur.

Per Curiam.

The claim of plaintiff at the first trial and on which he recovered a verdict was that he had climbed to the top of a retaining wall, slipped and fell on a spike fence below. While this court reversed the judgment (286 App. Div. 1001) upon grounds immaterial to this appeal, a new trial was directed to allow the plaintiff to show that the playground conditions were dangerous and that defendant had sufficient...

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