RAPISARDI v. BD. OF EDUC. OF THE CITY OF NEW YORK

Judgment reversed on the law and a new trial granted, costs to abide the event. In our opinion the plaintiff made out a prima facie case. Whether the board of education failed to use reasonable care in permitting the bat in question to be used under the circumstances shown, is a question for the jury. Lazansky, P.J., Young, Tompkins and Davis, JJ., concur; Kapper, J., dissents.