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MATTER OF WHITE v. FREYMAN

248 A.D.2d 393 (1998)

669 N.Y.S.2d 853

In the Matter of Frances White, Appellant, v. Richard Freyman et al., Respondents

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

March 2, 1998

Ordered that the order and judgment is reversed, on the law, without costs or disbursements, the petition is reinstated, the petitioner's motion to strike two of the respondents' affirmative defenses is granted, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings.

Contrary to the Supreme Court's determination, a notice of claim pursuant to Education Law § 3813 was not a condition...

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