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FEASTER v. POLY PREP COUNTRY DAY SCH.

2023-01013, Index No. 520768/21.

2024 NY Slip Op 02301

ROBERT FEASTER, Respondent, v. POLY PREP COUNTRY DAY SCHOOL, Appellant, ET AL., Defendants.

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

Decided May 1, 2024.

Attorney(s) appearing for the Case

Seyfarth Shaw LLP, New York, NY ( Matthew C. Catalano , Karen Y. Bitar , and Gershon Akerman of counsel), for appellant.

Abend & Silber, PLLC ( Hasapidis Law Offices , South Salem, NY [ Annette G. Hasapidis ], of counsel), for respondent.

Before: Mark C. Dillon, J.P., Robert J. Miller, Deborah A. Dowling, Helen Voutsinas, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for negligence, the defendant Poly Prep Country Day School appeals from an order of the Supreme Court, Kings County (Alexander M. Tisch, J.), dated December 8, 2022. The order, insofar as appealed from, denied those branches of that defendant's motion which were pursuant to CPLR 3211(a)(5) and (7) to dismiss the causes of action alleging negligence and negligent hiring, retention, and supervision...

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