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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