Opinion

Cordaro v. Union Free School District No. 22

1961 N.Y. App. Div. LEXIS 8414 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 1961

Full text

David Cordaro, an Infant, by His Guardian ad Litem, Edna Cordaro v. Union Free School District Number 22, Farmingdale

Plaintiffs failed to make out a prima facie case. Under the circumstances, requirement of more specific supervision than that actually provided, would be unreasonable (cf. Miller v. Board of Educ. of Union Free School Dist. No. 1, 249 App. Div. 738). In our opinion, there was no competent proof adduced that the apparatus was unsuitable for children of plaintiff’s age; nor may that fact be inferred solely from the size [805] of the apparatus. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Brennan, JJ., concur.