BENNETT v. BD. OF EDUC. OF THE CITY OF NEW YORK


16 A.D.2d 651 (1962)

John Bennett, Jr., an Infant, by John Bennett, Sr., His Guardian ad Litem, Respondent, v. Board of Education of the City of New York, Appellant

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

April 2, 1962


Judgment reversed on the law, without costs, and complaint dismissed. No questions of fact were considered.

In our opinion, there was no warrant for submitting this case to the jury. In after-school-hour playgrounds, no duty may be imposed upon defendant to provide supervision over the playground users. Nor may defendant be cast in damages for injuries caused by the act of an intervening third party such as the batter in the stickball game here; the risks of the game...

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