Majority
p. 765Pasquale Zurica, an Infant, by His Guardian ad Litem, Frank Zurica, et al., Appellants, v. Board of Education of the City of New York, Respondent.
In our opinion, the record presented questions of fact as to defendant’s negligence and the infant plaintiff’s freedom from contributory negligence. (Cf. Bradley v. Board of Educ. of City of Oneonta, 247 App. Div. 833 , affd. 274 N. Y. 473 , and Burtis v. Board of Educ. of City of New York, 274 App. Div. 802 .) Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.
Cases cited
- Bradley v. Board of Education 274 N. Y. 473 p. 765