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CAVELLO v. SCH. DIST.

110 A.D.2d 253 (1985)

Anthony Cavello et al., Appellants, v. Sherburne-Earlville Central School District, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 17, 1985

Attorney(s) appearing for the Case

Ronald R. Benjamin for appellants.

Hogan & Sarzynski (Edward J. Sarzynski of counsel), for respondent.

MAIN, J. P., WEISS, LEVINE and HARVEY, JJ., concur.

YESAWICH, JR., J.

Plaintiffs Anthony and Ginger Cavello are the parents of two infant children, plaintiffs Anthony, Jr. (AJ), and Tina Cavello. The allegations of the complaint, which are assumed to be true for purposes of the motion to dismiss for failure to state a cause of action which is the subject of this appeal (Cohn v Lionel Corp., 21 N.Y.2d 559, 562), assert the following: that in January of 1983, the...

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