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B.E.M. v. WARWICK VALLEY CENTRAL SCHOOL DISTRICT

2018-05569. Index No. 9243/06.

205 A.D.3d 707 (2022)

165 N.Y.S.3d 750

2022 NY Slip Op 02991

B.E.M. et al., Appellants, v. Warwick Valley Central School District et al., Respondents.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Jonathan Rice ( Kenneth J. Gorman , New York, NY, of counsel), for appellants.

Henderson & Brennan, White Plains, NY ( Brian C. Henderson of counsel), for respondents Warwick Valley Central School District, Warwick Valley High School, and Gregory Sirico.

Kaufman Borgeest & Ryan LLP, Valhalla, NY ( David Bloom of counsel), for respondent Wayne Rossi.

Duffy, J.P., Miller, Zayas and Genovesi, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiffs' motion which was for summary judgment on the issue of the vicarious liability of the defendants Warwick Valley Central School District and Warwick Valley High School for the conduct of the defendant Wayne Rossi, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with...

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