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DAVILA v. ORANGE COUNTY

2022-03159. Index No. 5666/21.

215 A.D.3d 632 (2023)

187 N.Y.S.3d 261

2023 NY Slip Op 01777

Jose Davila, Respondent, v. Orange County et al., Defendants, and Enlarged City School District of Middletown, Appellant.

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

Decided April 5, 2023.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC, Garden City, NY ( John F. McKay III of counsel), for appellant.

Slater Slater Schulman, LLP, Melville, NY ( Stephenie Lannigan Bross and Samantha A. Breakstone of counsel), for respondent.

Connolly, J.P., Chambers, Wooten and Warhit, JJ., concur.

In an action, inter alia, to recover damages for negligence, the defendant Enlarged City School District of Middletown appeals from an order of the Supreme Court, Orange County (Leonard D. Steinman, J.), dated March 3, 2022. The order, insofar as appealed from, denied those branches of the motion of the defendant Enlarged City School District of Middletown which were pursuant to CPLR 3211(a)(7) to dismiss the causes of action alleging...

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