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K.A. v. WAPPINGERS CENTRAL SCHOOL DISTRICT

2016-01165. Index No. 1769/14.

151 A.D.3d 828 (2017)

2017 NY Slip Op 04824

54 N.Y.S.3d 683

K.A., a Minor, by Her Parents, D.A. and J.A., et al., Appellants, v. WAPPINGERS CENTRAL SCHOOL DISTRICT, Respondent, et al., Defendant.

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

Decided June 14, 2017.

Ordered that the order dated December 3, 2015, is reversed, on the law, on the facts, and in the exercise of discretion, with costs, and the plaintiffs' motion, inter alia, pursuant to CPLR 5015 (a) (1) to vacate the order dated October 29, 2014, is granted.

In November 2012, K.A., a mostly nonverbal 18-year-old with developmental disabilities, was sexually assaulted by the defendant Charles Kane, a bus attendant employed...

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