Ordered that the order is reversed, on the law, with costs, the defendant's motion is treated as one for summary judgment dismissing the complaint pursuant to CPLR 3211 (c), and the motion is granted.
In late June 2008, on the last day of the school year, the infant plaintiff allegedly was assaulted by other youths, as he walked home from school with friends rather than ride a school bus. The incident allegedly occurred along Montauk Highway, some 30 minutes after...
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