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PONCE-FRANCISCO v. PLAINVIEW-OLD BETHPAGE CENTRAL SCHOOL DISTRICT

2010-00133.

83 A.D.3d 683 (2011)

920 N.Y.S.2d 406

ESTABAN PONCE-FRANCISCO, Appellant, v. PLAINVIEW-OLD BETHPAGE CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided April 5, 2011.

Ordered that the appeal from so much of the order as granted those branches of the defendant's motion which were for summary judgment dismissing the causes of action to recover damages for common-law negligence and a violation of Labor Law § 200 is dismissed, as the plaintiff is not aggrieved thereby (see CPLR 5511); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendant...

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