DOE v. BAUMANN

191 CA 23-00320.

2024 NY Slip Op 01431

PB-67 DOE, Plaintiff-Respondent, v. LINDA BAUMANN, AS EXECUTOR OF THE ESTATE OF WENDY E. DIMET, DECEASED, ET AL., Defendants, AND NIAGARA FALLS CITY SCHOOL DISTRICT, Defendant-Appellant.

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

Decided March 15, 2024.


Attorney(s) appearing for the Case

SHAUB AHMUTY CITRIN & SPRATT LLP, LAKE SUCCESS ( NICHOLAS TAM OF COUNSEL), FOR DEFENDANT-APPELLANT.

PHILLIPS & PAOLICELLI, LLP, NEW YORK CITY ( YITZCHAK M. FOGEL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PHILLIPS LYTLE LLP, BUFFALO ( RYAN A. LEMA OF COUNSEL), FOR DEFENDANTS.

PRESENT: SMITH, J.P., CURRAN, OGDEN, GREENWOOD, AND KEANE, JJ.


Appeal from an order of the Supreme Court, Niagara County (Mark J. Grisanti, A.J.), entered January 20, 2023. The order, insofar as appealed from, denied in part the motion of defendant Niagara Falls City School District to dismiss the complaint against it.

Now, upon reading and filing the stipulation to withdraw the appeal signed by the attorneys for the parties on January 16, 2024, and the accompanying letter signed by the attorney for defendant-appellant on February...

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