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


46 A.D.2d 789 (1974)

James J. Maloney, as Father and Natural Guardian of Joann Maloney, an Infant, et al., Appellants, v. Union Free School District No. 7 et al., Respondents. (And a Third-Party Action.)

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

November 12, 1974


Order reversed, without costs, and motion granted.

The infant plaintiff was injured in June, 1968 when she pushed her hand through the plate glass of an exit door in the elementary school she was attending. Plaintiffs' notice of claim, complaint and bill of particulars alleged that the glass had been broken prior to the accident and that defendants had been negligent in permitting the door to "remain in a broken, unsafe condition". At the inception of the trial, however...

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