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  5. 16 N.Y.2d 302 (1965)
 

LAWES v. BD. OF EDUC.

16 N.Y.2d 302 (1965)

Nuvia A. Lawes, an Infant, by Her Guardian ad Litem, Leon Lawes, et al., Respondents, v. Board of Education of the City of New York, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 30, 1965.

Attorney(s) appearing for the Case

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

Norman Bard and Max Jackrel for respondents.

Judges DYE, FULD, VAN VOORHIS and SCILEPPI concur with Judge BERGAN; Judge BURKE dissents in an opinion in which Chief Judge DESMOND concurs.

BERGAN, J.

Plaintiff Nuvia Alicia Lawes, a pupil at Public School No. 144 in Brooklyn, was struck by a snowball thrown by a fellow pupil while she was on her way from her home to her classroom after lunch on February 17, 1960. Plaintiff, then 11 years old, suffered a serious eye injury. A judgment for $45,000 has been rendered against the Board of Education and affirmed by a divided Appellate Division.

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