Majority
p. 676Salvatore Diele, an Infant, by Laura Simonetti, His Guardian ad Litem, et al., Appellants, v. Board of Education of the City of New York, Respondent.
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.