STERN v. OCEANSIDE SCHOOL DISTRICT


55 A.D.3d 596 (2008)

865 N.Y.S.2d 325

FRED STERN, Plaintiff, and LEE BOODOO, Appellant, v. OCEANSIDE SCHOOL DISTRICT et al., Respondents.

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

October 7, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint insofar as asserted by the plaintiff Lee Boodoo is denied.

Contrary to the Supreme Court's conclusion, the defendants did not establish their entitlement to judgment as a matter of law with respect to the claims asserted by the plaintiff Lee Boodoo (hereinafter the plaintiff) by submitting evidence that the plaintiff did not sustain...

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