FERNANDEZ v. STEPPING STONE DAY SCHOOL, INC.


291 A.D.2d 530 (2002)

737 N.Y.S.2d 864

DAVID FERNANDEZ, an Infant, by His Father and Natural Guardian, DARIO FERNANDEZ, et al., Respondents-Appellants, v. STEPPING STONE DAY SCHOOL, INC., Appellant-Respondent.

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

Decided February 25, 2002.


Ordered that the cross appeal is dismissed, without costs or disbursements, on the ground that the cross appellants are not aggrieved by the order cross-appealed from (see, CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly denied the defendant's motion for summary judgment. Although the defendant is not an insurer of the children entrusted to its care...

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