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BARBATO v. BD. OF EDUC.

17 Misc.2d 65 (1959)

Joseph Barbato, Jr., by Joseph V. Barbato, Sr., et al., His Guardian ad Litem, Plaintiffs, v. Board of Education of the City of New York, Defendant.

City Court of the City of New York, Trial Term, Kings County.

February 26, 1959.

Attorney(s) appearing for the Case

Julius Mendalis for plaintiffs.

Charles H. Tenney, Corporation Counsel (Charles P. De Martino of counsel), for defendant.

LOUIS B. HELLER, J.

The infant plaintiff (hereinafter referred to as " plaintiff ") by his guardian ad litem, commenced an action against the Board of Education to recover for personal injuries alleged to have been sustained by him when he fell in the auditorium of P. S. 222, Brooklyn, while rehearsing for a school play. Plaintiff alleges as part of his cause of action, negligence and improper supervision on the part of the Board of Education.

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