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ZAWATSKI v. CHEEKTOWAGA-MARYVALE UNION FREE SCHOOL DISTRICT

261 A.D.2d 860 (1999)

690 N.Y.S.2d 463

CLARA J. ZAWATSKI, Respondent, v. CHEEKTOWAGA-MARYVALE UNION FREE SCHOOL DISTRICT, Appellant. (Appeal No. 2.)

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

Decided May 7, 1999.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court should have granted defendant's motion for summary judgment dismissing the complaint. Defendant met its initial burden of establishing entitlement to judgment as a matter of law (see, Friends of Animals v Associated Fur Mfrs., 46 N.Y.2d 1065), and plaintiff failed to raise an issue of fact whether...

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