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ZURICA v. BD. OF EDUC. OF CITY OF NEW YORK

279 A.D. 765 (1951)

Pasquale Zurica, an Infant, by His Guardian ad Litem, Frank Zurica, et al., Appellants, v. Board of Education of the City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 17, 1951.

Judgment reversed on the law and a new trial granted, with costs to abide the event.

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...

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