Ordered that the order is reversed on the law, with costs, the motion is granted, the complaint is dismissed as against the appellant, and the action against the remaining defendant is severed.
On March 4, 1983, shortly after the commencement of the school day at about 7:30 A.M., the defendant Byron Murtha, without first obtaining the required pass from his teacher, left the classroom, entered the hallway, and approached the plaintiff Robert J. Schlecker who was standing...
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