New York Court of Appeals
Nuvia A. Lawes, an Infant, by Her Guardian Ad Litem, Leon Lawes, Respondents v. Board of Education of the…
December 30, 196516 N.Y.2d 302
Summary
The New York Court of Appeals reversed the lower court's judgment and dismissed the complaint, holding that the Board of Education owed no liability for a snowball injury absent notice of a specific danger. The Court articulated that schools must control snowball throwing during recreation periods and intervene when dangerous play is known, but are not required to prevent ordinary snowball play. Justice Burke dissented, arguing that the duty was breached and the judgment should be affirmed.