BROD v. CENT. SCH. DIST. NO. 1


53 A.D.2d 1002 (1976)

William F. Brod, III, an Infant, by William F. Brod, Jr., His Parent and Natural Guardian, et al., Respondents, v. Central School District No. 1 of the Towns of Sand Lake and Poestenkill et al., Appellants

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

July 29, 1976


On October 12, 1973 the infant plaintiff, then nine years of age, attending Poestenkill Elementary School, was injured when he fell to the floor while participating in a gymnasium class in his bare feet. He had forgotten to bring his sneakers and was told by his physical education teacher, the defendant Ann Neilson, that if he wanted to participate in the activities of the class he would have to remove his shoes and socks. The infant testified that while engaged in an activity...

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