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

12 N.Y.2d 971 (1963)

Alan Brooks, an Infant, by Arthur Brooks, His Guardian ad Litem, et al., Respondents, v. Board of Education of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 21, 1963.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (John A. Murray and Seymour B. Quel of counsel), for appellant.

Bernard Meyerson for respondents.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and FOSTER. Judge SCILEPPI dissents in the following memorandum, in which Judge FULD concurs.

Judgment affirmed, with costs.

SCILEPPI, J. (dissenting).

I cannot agree with the majority that defendant Board of Education breached a duty to provide an adequate degree of general supervision over student activities.

The infant plaintiff was injured in a school gymnasium while engaging in an exercise in the basic skills of the game of soccer, under the supervision of a physical education teacher. Groups of boys were placed on both sides...

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