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GERMOND v. BD. OF EDUC., DIST. NO. 1

10 A.D.2d 139 (1960)

Beverly Germond, by William Germond, Her Guardian ad Litem, Respondent, v. Board of Education of Central School District No. 1 et al., Appellants, et al., Defendant

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

March 18, 1960.

Attorney(s) appearing for the Case

Cribari, Scapolito & Solinger (George W. Scapolito of counsel), for appellants.

Flanagan & Ortale (Richard W. Griggs of counsel), for respondent.

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

BERGAN, P. J.

Plaintiff was a second grade pupil at the central school maintained by the defendant Board of Education, when, on May 17, 1954, she was injured on the school playground. She was struck in the face by a baseball bat swung by an older girl pupil playing softball. Plaintiff was then seven years old.

The rules established by the Board of Education for the control of the playground required that...

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