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BD. OF EDUC. OF THE LAWRENCE UNION FREE SCH. DIST. v. GAFFNEY

233 A.D.2d 357 (1996)

650 N.Y.S.2d 588

Board of Education of the Lawrence Union Free School District, Appellant, v. Jeremiah C. Gaffney III et al., Respondents

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

November 12, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

A school district may seek payment for tuition from a non-resident student enrolled in its schools under false pretenses (see, Board of Educ. v Crill, 149 App Div 407), and such an action may be based on Education Law § 3202 or on a cause of action for fraud (see, Board of Educ. v Marsiglia, 182 A.D.2d 662). Since the plaintiff...

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