M.B. v. ST. FRANCIS PREPARATORY SCH.

2021-05767. Index No. 518991/19.

219 A.D.3d 1399 (2023)

197 N.Y.S.3d 93

2023 NY Slip Op 04651

M.B., Respondent, v. ST. Francis Preparatory School, Appellant, et al., Defendants.

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

Decided September 20, 2023.


Attorney(s) appearing for the Case

Biedermann Hoenig Semprevivo, P.C., New York, NY ( Raychel A. Camilleri of counsel), for appellant.

The Blash Firm PLLC, New York, NY ( Justin S. Blash and Stacy Baden of counsel), for respondent.

Duffy, J.P., Chambers, Christopher and Warhit, JJ., concur.


In an action to recover damages for personal injuries, the defendant St. Francis Preparatory School appeals from an order of the Supreme Court, Kings County (Devin P. Cohen, J.), dated July 20, 2021. The order granted the plaintiff's cross-motion pursuant to CPLR 3126 to strike the answer of the defendant St. Francis Preparatory School and denied, as academic, that defendant's motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered...

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