Legal Opinion

Andrew T.B. v. Brewster Central School District

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 2009PublishedCited by 3 opinions

1Opinion of the Court

*838In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Putnam County (O’Rourke, J.), dated November 13, 2008, which denied their motion for summary judgment dismissing the complaint.

Ordered that the ord.er is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.

The infant plaintiff, a kindergarten student, allegedly was sexually molested by two second- or third-grade students while seated towards the rear of the school bus on his way home from school. The infant…

2Cases cited10 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  4. Mirand v. City of New YorkNew York Court of Appeals · 1994
  5. Whitfield v. Board of Education of the City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by3 opinions

  1. Fernandez v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2016
  2. Antoine E.J. v. Birch Family Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Champagne v. Lonero Tr., Inc.Appellate Division of the Supreme Court of the State of New York · 2018

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