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McCANTS v. HEMPSTEAD UNION FREE SCH. DIST.

2014-01710, Index No. 7953/13.

127 A.D.3d 941 (2015)

8 N.Y.S.3d 337

2015 NY Slip Op 03136

ANTHONY McCANTS, JR., an Infant, by His Father and Natural Guardian, ANTHONY McCANTS, SR., et al., Respondents, v. HEMPSTEAD UNION FREE SCHOOL DISTRICT et al., Defendants, and INCORPORATED VILLAGE OF HEMPSTEAD, Appellant.

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

Decided April 15, 2015.

In an action to recover damages for personal injuries, etc., the defendant Incorporated Village of Hempstead appeals from an order of the Supreme Court, Nassau County (Feinman, J.), dated November 18, 2013, which denied its motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it for failure to state a cause of action.

Ordered that the order is reversed, on the law, with costs, and the...

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