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RUBIN v. POLY PREP COUNTRY DAY SCHOOL

2023-01781, Index No. 501400/20.

2024 NY Slip Op 02339

RICHARD RUBIN, Respondent, v. POLY PREP COUNTRY DAY SCHOOL, Appellant.

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 ( Gershon Akerman , Karen Y. Bitar , and Matthew C. Catalano of counsel), for appellant.

Oddo & Babat, P.C. (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 appeals from an order of the Supreme Court, Kings County (Alexander M. Tisch, J.), dated December 22, 2022. The order, insofar as appealed from, granted that branch of the plaintiff's motion which was for leave to serve and file a second amended complaint to add a demand for punitive damages and denied the defendant's motion pursuant to CPLR 3211(a)(5) and (7) to dismiss...

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