Oja v. Grand Chapter of Theta Chi Fraternity, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Yesawich Jr., J.
Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered December 29, 1997 in Tompkins County, which denied motions by defendants Daniel Koehler and Douglas Lavarnway to dismiss the fourth and ninth causes of action of the amended complaint.
The facts underlying this action have been previously set forth in a prior appeal (255 AD2d 781). Briefly, decedent, a 17-year-old college freshman who had been invited to pledge Delta Sigma Chapter of Theta Chi Fraternity (hereinafter the fraternity), died after consuming excessive amounts of alcohol during a hazing ritual.…
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