Motion by defendant to dismiss the complaint under CPLR 3211 (subd [a], par 7) for failure to state a cause of action or for an order under CPLR 3212 for summary judgment.
The complaint, by a nine-year-old boy and his parents, asks for damages based on illness suffered by the boy from chewing a piece of unwrapped mud-covered gum which he found on the floor of a school bus while...
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