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MALONEY v. BD. OF EDUC. OF CITY OF BUFFALO

177 A.D.2d 1012 (1991)

James P. Maloney, Appellant-Respondent, v. Board of Education of City of Buffalo et al., Respondents, and City of Buffalo, Respondent-Appellant

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

November 15, 1991

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In all respects but one, we agree with the memorandum and supplemental memorandum decisions of Supreme Court, Erie County (Rath, Jr., J.). We disagree only with the court's denial of the City's motion for summary judgment seeking dismissal of plaintiff's cause of action under section 2 (2) of the Employers' Liability Law. The motion should have been granted...

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