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DeFREITAS v. BD. OF EDUC. OF CITY OF MOUNT VERNON DIST. NUMBER 416

129 A.D.2d 672 (1987)

Kenneth DeFreitas et al., Respondents, v. Board of Education of City of Mount Vernon District Number 416, Appellant

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

April 20, 1987

Ordered that the appeal is dismissed, with costs.

The information in the affidavits submitted in support of the defendant's motion was clearly available to the defendant at the time of its original cross motion. The defendant, nevertheless, failed to provide, as is required, any explanation as to why these affidavits, which were submitted by persons having direct knowledge of the facts alleged, were not presented as a part...

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