BRENNER v. NEW YORK CITY BOARD OF EDUCATION


262 A.D.2d 342 (1999)

691 N.Y.S.2d 578

FELICE BRENNER et al., Respondents, v. NEW YORK CITY BOARD OF EDUCATION, Defendant, and EDWARD TRERISE, Appellant.

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

Decided June 7, 1999.


Ordered that the order is affirmed, with costs to the respondents payable by the appellant.

The Supreme Court properly denied the motion of the defendant Edward Trerise for summary judgment because he failed to demonstrate his prima facie entitlement thereto, and properly granted the plaintiffs' motion for leave to serve an amended complaint because it simply alleged a new theory of recovery based upon facts contained in the original complaint (see, CPLR 3212...

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