CAVANAUGH v. RUSSELL SAGE COLLEGE


4 A.D.3d 660 (2004)

771 N.Y.S.2d 755

TRACIE C. CAVANAUGH, Appellant, v. RUSSELL SAGE COLLEGE, Respondent.

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

February 19, 2004.


Mugglin, J.

Plaintiff, a second semester senior nursing student at defendant college, was given a failing grade in Nursing 412 in the spring of 1998. In May 2000, she commenced this action seeking a passing grade, her Bachelor's degree in nursing and money damages. In August 2000, defendant served plaintiff with a first set of interrogatories and combined demands. Thereafter, defendant's repeated requests for a response, which included threats to seek preclusion,...

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