Pistolese v. William Floyd Union Free District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*826In late June 2008, on the last day of the school year, the infant plaintiff allegedly was assaulted by other youths, as he walked home from school with friends rather than ride a school bus. The incident allegedly occurred along Montauk Highway, some 30 minutes after the infant plaintiff left the school grounds. Although this was a pre-answer motion, under the facts of this case, the Supreme Court should have treated it as one for summary judgment pursuant to CPLR 3211 (c) since the defendant, not only requested such treatment, but both the defendant and the plaintiffs deliberately charted a…
2Cases cited10 opinions
- Mihlovan v. GrozavuNew York Court of Appeals · 1988
- Pratt v. RobinsonNew York Court of Appeals · 1976
- Vernali v. Harrison Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Chalen v. Glen Cove School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
- Morning v. Riverhead Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
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