Appellate Division of the Supreme Court of New York, 1961

Cordaro v. Union Free School District No. 22

Cordaro v. Union Free School District No. 22
Appellate Division of the Supreme Court of New York · Decided October 23, 1961
14 A.D.2d 804; 220 N.Y.S.2d 656; 1961 N.Y. App. Div. LEXIS 8414
Cordaro v. Union Free School District No. 22

Opinion of the Court

Plaintiffs failed to make out a prima facie case. Under the circumstances, requirement of more specific supervision than that actually provided, would be unreasonable (cf. Miller v. Board of Educ. of Union Free School Dist. No. 1, 249 App. Div. 738). In our opinion, there was no competent proof adduced that the apparatus was unsuitable for children of plaintiff’s age; nor may that fact be inferred solely from the size

*805of the apparatus. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Brennan, JJ., concur.

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