Opinion
Argued April 29, 1963
Decided July 10, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MICHAEL E. SWEENEY, J.
John R. Davison, Harlan G. Carson and Rose M. Frederickson for appellant.
F. Walter Bliss for respondents.
Judgment affirmed, with costs; no opinion.
Concur: Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI. Chief Judge DESMOND dissents and votes to reverse upon the ground that plaintiff made out a cause of action consisting of the proof that the person assigned to supervise this play area failed in her duty, and that the question as to whether the accident was caused by the intervening conduct of a fellow student was one for the jury.