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I.M. v. CITY OF NEW YORK

17741/07. 8453.

178 A.D.3d 126 (2019)

111 N.Y.S.3d 273

2019 NY Slip Op 07756

I.M., by Parent and Natural Guardian L.M., Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Clement H. Berne , New York City, and the Law Offices of Mitchell I. Weingarden, White Plains ( Mitchell I. Weingarden of counsel), for appellant.

Zachary W. Carter , Corporation Counsel, New York City ( Elina Druker and Fay Ng of counsel), for City respondents.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska and Nicholas M. Cardascia of counsel), for Pioneer Transportation Corporation, respondent.

RENWICK, J.P., and SINGH, J., concur with MOULTON, J.; TOM, J., dissents in part in a separate opinion.

OPINION OF THE COURT

This action arises from defendants' alleged failure to provide plaintiff I.M. with an appropriate mode of transportation to his special education school. According to plaintiff, this deprivation caused him to act out, exposed him to harm and impaired his...

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