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

27 A.D.2d 826 (1967)

William J. Cioffi, an Infant, by Alexandria Cioffi, His Guardian ad Litem, et al., Respondents, v. Board of Education of the City of New York, Appellant

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

March 21, 1967

Judgment appealed from affirmed, with $50 costs and disbursements to respondent.

From the evidence in the record the jury could properly find inadequate supervision. This is not the case of ordinary snowballing or of an isolated incident where a snowball is thrown and injury results (cf. Lawes v. Board of Educ., 16 N.Y.2d 302). Hard frozen snow or ice lay upon the ground in the area in the upper yard of the school. The school...

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