Lepenske v. Board of Education of Central School District No. 1 of Wheatland, Chili

Daniel J. 0 ’Mara, J.

The application for permission to file a notice of claim pursuant to subdivision 5 of section 50-e of the General Municipal Law is made in behalf of an infant who at the time of the claimed occurrence was 16 years of age.

The following facts do not seem to be in dispute. The infant on the morning of October 31, 1957 was participating in a game in the gymnasium of the Wheatland-Chili Central School where she was a student. The game was conducted under the supervision of one of the school instructors. That during the course of the game the infant was thrown to the floor and…