BAYER v. BD. OF EDUC. OF MASSAPEQUA PUB. SCH., UNION FREE SCH. DIST. NO. 23


29 A.D.2d 537 (1967)

Crystal Bayer, an Infant, by Her Father, William Bayer, et al., Appellants, v. Board of Education of Massapequa Public Schools, Union Free School District No. 23, et al., Respondents

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

December 4, 1967


Order of the Supreme Court, Nassau County, dated March 21, 1967, affirmed insofar as appealed from, with $10 costs and disbursements to respondents jointly.

In this negligence action to recover damages arising out of injuries suffered in March, 1962 by the infant plaintiff during a gymnastic exercise, plaintiffs moved inter alia to dismiss, for patent legal insufficiency (CPLR 3211, subd. [b]), a defense in each of the respective answers of the two defendants...

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