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FERRARO v. NEW YORK CITY DEPT. OF EDUC.

10838-100229/12, 10838A

115 A.D.3d 497 (2014)

982 N.Y.S.2d 746

2014 NY Slip Op 1660

PAUL FERRARO, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

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

Decided March 13, 2014.

Orders, Supreme Court, New York County (Geoffrey D. Wright, J.), entered September 5, 2012, which granted defendants' motion to dismiss the complaint and sub silentio denied plaintiff's cross motion for leave to amend the complaint, unanimously reversed, on the law, without costs, the motion denied and the cross motion granted.

Upon defendants' pre-answer, pre-discovery motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (7), it cannot be said, as a...

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