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FARIELLO v. CITY OF NEW YORK BD. OF EDUC.

199 A.D.2d 461 (1993)

606 N.Y.S.2d 20

Mark Fariello, Respondent, v. City of New York Board of Education et al., Defendants and Connie Emilio, Appellant

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

December 27, 1993

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendants is severed.

In January 1989 the plaintiff, the appellant, Connie Emilio, and the appellant's boyfriend were among the guests at a birthday party. After the boyfriend left the party, the appellant...

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