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BL DOE 5 v. FLEMING

732 CA 20-01225.

199 A.D.3d 1426 (2021)

154 N.Y.S.3d 595

2021 NY Slip Op 06482

BL Doe 5, Respondent, v. Edwin D. Fleming, Defendant, and Rochester City School District, Appellant. (Appeal No. 4.).

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

Decided November 19, 2021.

Attorney(s) appearing for the Case

ROCHESTER CITY SCHOOL DISTRICT, DEPARTMENT OF LAW, ROCHESTER ( ALISON K.L. MOYER OF COUNSEL), FOR DEFENDANT-APPELLANT.

BANSBACH LAW P.C., ROCHESTER ( JOHN M. BANSBACH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion of defendant Rochester City School District in part and dismissing the second and third causes of action against that defendant, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this personal injury action pursuant to the Child Victims Act (see CPLR 214-g) alleging that...

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