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ORTIZ v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

26 A.D.3d 158 (2006)

811 N.Y.S.2d 11

GILBERT ORTIZ, an Infant, by His Mother and Natural Guardian, ANGELA SOSA, et al., Appellants, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Respondent.

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

February 2, 2006.

The alleged assault and robbery occurred in October 1992 and the action was commenced in October 1993. In an order entered August 1998 upon plaintiff's CPLR 3126 motion to strike defendant's answer, the court directed defendant's production of, inter alia, the log books of two named school security officers, "if available," and, "[i]f [defendant] upon contacting said security officers learns that those log books are no longer in...

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