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HORN v. BELLMORE UNION FREE SCH. DIST.

2015-07994, Index No. 601092/15.

139 A.D.3d 1006 (2016)

32 N.Y.S.3d 289

2016 NY Slip Op 04021

BRETT HORN, an Infant, by His Mother and Natural Guardian, KAREN HORN, et al., Respondents, v. BELLMORE UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided May 25, 2016.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, that branch of the defendant's motion which was pursuant to CPLR 3211 (a) and General Municipal Law § 50-e (1) (a) to dismiss the complaint insofar as asserted by the plaintiff Brett Horn is granted, and that branch of the plaintiffs' cross motion which was pursuant to General Municipal Law § 50-e...

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