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NORTH BABYLON UNION FREE SCH. DIST. v. BRENTWOOD UNION FREE SCH. DIST.

246 A.D.2d 634 (1998)

668 N.Y.S.2d 905

North Babylon Union Free School District, Appellant, v. Brentwood Union Free School District, Respondent. (Action No. 1.) North Babylon Union Free School District, Appellant, v. Brentwood Union Free School District, Respondent. (Action No. 2.) Board of Education of North Babylon Union Free School District, Appellant, v. Board of Education of Brentwood Union Free School District et al., Respondents. (Action No. 3.)

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

January 26, 1998

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the branch of the motion which was for summary judgment is granted.

The appellants made out a prima facie case as to their entitlement to summary judgment on their claims for tuition reimbursement. The burden therefore shifted to the respondents to show, by admissible evidentiary proof, the existence of a factual question necessitating...

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