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MALONEY v. UNION FREE SCH. DIST. NO. 7

41 A.D.2d 937 (1973)

James J. Maloney, as Father and Natural Guardian of Joann Maloney, an Infant, et al., Respondents, v. Union Free School District No. 7 et al., Appellants

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

May 14, 1973

Interlocutory judgment reversed, on the law, and new trial granted, with costs to abide the event.

The appeal did not present questions of fact. The infant plaintiff sustained her injuries when she pushed her hand through the plate glass of an exit door in the elementary school she was attending. The accident occurred in June, 1968. The notice of claim, complaint and bill of particulars all proceeded on the theory that the...

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