Schwartz v. City of Mount Vernon

In an action to recover damages for personal injuries resulting from plaintiff’s participation in a father and son baseball game on grounds owned and controlled by defendant Board of Education, the board, pursuant to section 457-a of the Civil Practice Act, appeals from an order of the Supreme Court, Westchester County, dated January 11, 1960, denying its motion to dismiss the complaint, made at the close of all the evidence upon a jury trial, on the ground that the plaintiff had failed to prove facts sufficient to constitute a cause of action. The court originally reserved its decision on…