Judgment and order reversed, on the law, without costs, action severed and new trial granted on the issue of liability as between plaintiffs and respondents.
The appeal presented no questions of fact. Since the complaint was dismissed without the case being submitted to the jury, this court must consider the facts and inferences therefrom in the light most favorable to plaintiffs. On June 4, 1970, plaintiff Vincent Moschella, a 14-year-old freshman at Monsignor Farrell...
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