WEBBER v. CITY OF NEW YORK


30 A.D.2d 831 (1968)

Leslie Webber, by Clifton E. Webber, Her Guardian ad Litem, et al., Appellants, v. City of New York et al., Respondents

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

July 8, 1968


Reversed, on the law, and new trial granted as against said Board of Education, with costs to abide the event.

No questions of fact were considered. In this negligence action, the infant plaintiff was injured during the noon school recess while waiting in the prescribed area for the whistle to blow for her to fall into line. Her injury was caused when a student playing basketball on a court laid out by the defendant Board of Education, and adjacent to the prescribed...

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