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DANAN v. SINAI SPECIAL NEEDS INSTITUTE

17 A.D.3d 273 (2005)

793 N.Y.S.2d 419

SHIRA DANAN, an Infant, by Her Mother and Natural Guardian, RIVKA DANAN, et al., Respondents, v. SINAI SPECIAL NEEDS INSTITUTE et al., Appellants.

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

April 26, 2005.

The motion court did consider the import of Second Circuit's decision in Gilbert v Seton Hall Univ. (332 F.3d 105 [2003]), decided after the motion court's initial decision denying defendants' motion to dismiss, and applying New Jersey's charitable immunity statute to dismiss a personal injury action with a New York locus, and properly found it did not warrant a change in the prior determination (CPLR 2221 [e] [2]; Mejia v Nanni...

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