DESPOSITO v. ROMAN CATHOLIC DIOCESE OF BROOKLYN, OUR LADY OF ANGELS


26 A.D.2d 933 (1966)

Gerard Desposito, an Infant, by James Deposito, His Guardian ad Litem, et al., Respondents, v. Roman Catholic Diocese of Brooklyn, Our Lady of Angels, Appellant

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

November 7, 1966


Judgment affirmed, without costs.

No opinion.

Ughetta and Rabin, JJ., dissent and vote to reverse the judgment and to dismiss the complaint, with the following memorandum:

On March 11, 1959, the infant plaintiff, then 12 years old and a student at the school operated by defendant, returned to the school yard at 12:15 P.M. after lunch and became involved in a game of "slap" ball. The game had been in progress...

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