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SILVER v. LEVITTOWN SCH.

180 Misc.2d 1015 (1999)

692 N.Y.S.2d 886

Joseph G. Silver, Plaintiff, v. Levittown Union Free School District et al., Defendants.

Supreme Court, Nassau County.

February 24, 1999

Attorney(s) appearing for the Case

Monfort, Healy, McGuire & Salley, P. C., Garden City, for Daniel Patascher, defendant. Ahmuty, Demers & McManus, P. C., Albertson, for Levittown Union Free School District, defendant. Albert Araneo, Sr., Farmingville, for plaintiff.

SANDRA J. FEUERSTEIN, J.

Motion by the defendant, Daniel Patascher, for an order pursuant to CPLR 3211 (a) (7) dismissing the complaint for failure to state a cause of action, is determined as hereinafter provided.

The complaint in this matter alleges that on November 30, 1996, the plaintiff was a member of the Division Avenue High School wrestling team and was attending a team practice. The defendant...

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