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BISIMWA v. ST. JOHN FISHER COLLEGE

1093 CA 20-00364.

194 A.D.3d 1467 (2021)

2021 NY Slip Op 02962

Franck Bisimwa, Respondent, v. St. John Fisher College et al., Appellants.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

WARD GREENBERG HELLER & REIDY LLP, ROCHESTER ( JOSHUA M. AGINS , OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

COUCH WHITE, LLP, ALBANY ( ELIZABETH L. CALLAHAN OF COUNSEL), AND THE LAW OFFICE OF ROBERT KING, PLLC, ROCHESTER, FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of the motion seeking to dismiss the first and second causes of action against defendant Terri L. Travaglini, to dismiss the third cause of action in its entirety, and to dismiss the claim for punitive damages, and as modified the order is affirmed without costs.

Memorandum: Plaintiff, while enrolled as a freshman at defendant St. John Fisher College (College...

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