Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the cross motion is denied, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendant is severed.
The plaintiff commenced this action by service of a summons and complaint on September 23, 1992, without first serving a notice of claim pursuant to Education Law § 3813 (1). The complaint alleges...
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