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RUGGERIO v. BD. OF EDUC. OF THE CITY OF JAMESTOWN

31 A.D.2d 884 (1969)

Ralph Ruggerio, an Infant, by Joseph Ruggerio, His Guardian ad Litem, et al., Respondents, v. Board of Education of the City of Jamestown, Appellant, et al., Defendant

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

February 20, 1969

Judgment unanimously reversed on the law and facts, without costs, and complaint dismissed.

Memorandum:

Injuries to plaintiff Ralph Ruggerio, age 17 were sustained in a fight with the defendant Schmidt in a high school locker room, and the plaintiffs allege negligence on the part of the Board of Education in failing to provide proper supervision. From the testimony of the plaintiff himself and all the proof in the case taken in a light most favorable to the...

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