Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Tuckahoe Union Free School District and Tuckahoe Board of Education which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against them for failure to state a cause of action and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from...
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