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BYRNE v. CITY OF NEW YORK

301 A.D.2d 489 (2003)

753 N.Y.S.2d 132

DANIEL BYRNE et al., Respondents, v. CITY OF NEW YORK, Defendant, and BOARD OF EDUCATION OF CITY OF NEW YORK, Appellant.

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

Decided January 13, 2003.

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, that branch of the plaintiffs' motion which was to strike the answer insofar as asserted on behalf of the defendant Board of Education of the City of New York is denied, the answer insofar as asserted on behalf of that defendant is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings...

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