Appellate Division of the Supreme Court of New York, 1955

Diele v. Board of Education

Diele v. Board of Education
Appellate Division of the Supreme Court of New York · Decided December 12, 1955
1 A.D.2d 676; 146 N.Y.S.2d 511; 1955 N.Y. App. Div. LEXIS 3908
Diele v. Board of Education

Opinion of the Court

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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