DALTON v. EDUCATIONAL TESTING SERVICE


294 A.D.2d 462 (2002)

742 N.Y.S.2d 364

PETER DALTON, as Parent and Natural Guardian of BRIAN M. DALTON, an Infant, Respondent, v. EDUCATIONAL TESTING SERVICE, Appellant.

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

Decided May 20, 2002.


Ordered that the appeal from the order dated April 16, 2001, is dismissed, as that order was superseded by the order dated October 30, 2001, made upon renewal; and it is further,

Ordered that the order dated October 30, 2001, is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing so much of the complaint as sought to recover college tuition and other education related expenses borne by...

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