Opinion

Diele v. Board of Education

  • 1 A.D.2d 676
  • 146 N.Y.S.2d 511
  • 1955 N.Y. App. Div. LEXIS 3908
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 12, 1955
Status
Published
Cited by
0 cases
Authority
More cited than 29.0%

The opinion

Action to recover damages for personal injuries, medical expenses and loss of services. The infant appellant was playing in a public school yard to which he had returned after school hours. After finishing play, he was about to leave the yard when he was struck by a bicycle ridden by a playmate. After trial by the court without a jury, the complaint was dismissed on the merits. Judgment unanimously affirmed, with costs. (Kantor v. City of New York, 251 App. Div. 454 .) Present — Wenzel, Acting P. J., MacCrate, Beldoek, Murphy and Ughetta, JJ.

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