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SMITH v. LONG BEACH CITY SCHOOL DISTRICT

276 A.D.2d 785 (2000)

715 N.Y.S.2d 707

KRIS SMITH et al., Appellants, v. LONG BEACH CITY SCHOOL DISTRICT et al., Respondents.

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

Decided October 30, 2000.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the motion which were to dismiss the first through fifth causes of action, and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed, with costs to the plaintiffs.

The defendants concede that in light of the Court of Appeals decision in Henry v City of New York (94 N.Y.2d 275

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