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OCASIO v. TOWN OF GREENBURGH

3765, 350267/09.

79 A.D.3d 426 (2010)

910 N.Y.S.2d 908

ANGEL RUBIO OCASIO, an Infant, by His Guardian MATITZA ROSADO, et al., Respondents, v. TOWN OF GREENBURGH et al., Defendants, and GREENBURGH ELEVEN UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided December 2, 2010.

A central issue in this case is which defendant(s) owed a duty to the injured infant plaintiff, a passenger in a bus, the primary purpose of which was to transport students to and from Greenburgh Eleven Union Free School District. The District's affidavit offers only self-serving conclusions (see Ayotte v Gervasio, 81 N.Y.2d 1062 [1993]), and summary disposition was premature before completion of discovery (see Palmer v Trachtenberg...

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