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BURKE v. NEWBURGH ENLARGED CITY SCH. DIST.

Index No. 7920/19. 2020-06709.

195 A.D.3d 674 (2021)

145 N.Y.S.3d 355

2021 NY Slip Op 03571

Sandra Olivia Burke, Respondent-Appellant, v. Newburgh Enlarged City School District et al., Defendants, and Sandra Memmelaar, Defendant/Third-Party Plaintiff-Appellant-Respondent. Evan Foulke et al., Third-Party Defendants-Respondents.

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

Decided June 9, 2021.

Attorney(s) appearing for the Case

Brach Eichler, LLC, New York, NY ( Anthony M. Rainone and Michael A. Spizzuco, Jr. , of counsel), for defendant third-party plaintiff-appellant-respondent.

Foulke Law Firm, Goshen, NY ( Evan M. Foulke of counsel), for respondent-appellant.

Traub Lieberman Straus & Shrewsberry, LLP, Hawthorne, NY ( Lisa L. Shrewsberry of counsel), for third-party defendants-respondents.

Mastro, J.P., Austin, Hinds-Radix and Connolly, JJ., concur.

Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff and the third-party defendants appearing separately and filing separate briefs.

On October 4, 2019, the plaintiff commenced this action against, among others, her former elementary school gym teacher, Sherman Memmelaar, asserting various...

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