Kenneth W. v. Board of Education

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, West-chester County (Nastasi, J.), entered February 28, 2007, which denied their motion, inter alia, pursuant to CFLR 5015 (a) (2) to vacate a prior order of the same court entered March 11, 2004, granting the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for an in camera…