Moschella v. Archdiocese

Appellate Division of the Supreme Court of New York

Moschella v. Archdiocese

52 A.D.2d 873, 383 N.Y.S.2d 49, 1976 N.Y. App. Div. LEXIS 12702

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 10, 1976

StatusPublished

This text of 52 A.D.2d 873 (Moschella v. Archdiocese) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moschella v. Archdiocese, 52 A.D.2d 873, 383 N.Y.S.2d 49, 1976 N.Y. App. Div. LEXIS 12702 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a negligence action, inter alia, to recover damages for personal injuries sustained by an infant plaintiff while participating in a planned sports activity in a school playground, defendant appeals from an interlocutory judgment of the Supreme Court, Richmond County, dated January 28, 1976, which is in favor of plaintiffs, upon a jury verdict, after a jury trial limited to the issue of liability only. Interlocutory judgment affirmed, with costs. Upon the totality of the evidence adduced at trial, the jury could, and did, find that defendant was negligent in its failure to properly supervise, train and equip the infant plaintiff, who was engaged in a planned sports activity which was part of the school’s gymnastic program. There was also sufficient evidence for the jury to find the infant free of contributory negligence, and that he had not assumed every hazard involved in the game of softball. Latham, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

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In a negligence action, inter alia, to recover damages for personal injuries sustained by an infant plaintiff while participating in a planned sports activity in a school playground, defendant appeals from an interlocutory judgment of the Supreme Court, Richmond County, dated January 28, 1976, which is in favor of plaintiffs, upon a jury verdict, after a jury trial limited to the issue of liability only. Interlocutory judgment affirmed, with costs. Upon the totality of the evidence adduced at trial, the jury could, and did, find that defendant was negligent in its failure to properly supervise, train and equip the infant plaintiff, who was engaged in a planned sports activity which was part of the school’s gymnastic program. There was also sufficient evidence for the jury to find the infant free of contributory negligence, and that he had not assumed every hazard involved in the game of softball. Latham, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

52 A.D.2d 873, 383 N.Y.S.2d 49, 1976 N.Y. App. Div. LEXIS 12702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moschella-v-archdiocese-nyappdiv-1976.