LOPEZ v. UNION SETTLEMENT ASS'N


25 A.D.2d 520 (1966)

Juan Lopez, by his Guardian ad Litem, Juan A. Lopez, Respondent, et al., Plaintiff, v. Union Settlement Association, Appellant

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

February 24, 1966


Judgment on a verdict in favor of plaintiff in the sum of $12,189.50 in a personal injury action, unanimously reversed, on the law and on the facts, and a new trial ordered, with $50 costs to abide the event.

Plaintiff's proof is that he observed children pushing and fighting on top of the monkey bars for some ten minutes while two attendants stood by in conversation and failed to exercise supervision; that he then climbed the monkey bars and soon thereafter was pushed...

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