Oates v. City of Rochester

This is an action by Nancy Oates, an infant, by guardian ad litem, and by her father, Francis J. Oates, arising out of personal injuries sustained by the infant while she was participating as a student in a student activity of the University of Rochester.

This particular activity was taking place at Durand Eastman Park, a municipal park owned by the City of Rochester.

Two motions are before the court made by the defendant, University of Rochester, alone, for an order pursuant to rule 106 of the Rules of Civil Practice, dismissing the third cause of action set forth in the plaintiffs’ complaint,…