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BAUER v. BD. OF EDUC.

285 A.D. 1148 (1955)

Frank C. Bauer, an Infant, by Frank J. Bauer, His Guardian ad Litem, Respondent, v. Board of Education of the City of New York, Appellant

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

May 2, 1955.

Judgment unanimously affirmed, with costs.

The overcrowded condition of this gymnasium, with a large number of boys participating simultaneously in a number of games of strenuous activity which required a great deal of movement over a wide area, created a condition of danger which the defendant should have reasonably anticipated. (Rosen v. Washington Baths, 258 App. Div. 744; Lee v. Board of Educ. of City of N. Y., 263 App. Div. 23; Bradley v. Board...

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