CHARTER SCHOOL FOR APPLIED TECHNOLO v. BD OF ED FOR CITY OF BUFFALO

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

1387 CA 12-00937 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

CHARTER SCHOOL FOR APPLIED TECHNOLOGIES, DOMINIQUE WILSON, AS PARENT AND NATURAL GUARDIAN OF MICHAEL EPPERSON, AN INFANT, AND TONYA ROBINSON, AS PARENT AND NATURAL GUARDIAN OF NOELLE CLARK, NAILAH ROBINSON, AND LAYLA ROBINSON, INFANTS, PLAINTIFFS-RESPONDENTS,

V MEMORANDUM AND ORDER

BOARD OF EDUCATION FOR CITY SCHOOL DISTRICT OF CITY OF BUFFALO, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

HISCOCK & BARCLAY, LLP, BUFFALO (JAMES P. MILBRAND OF COUNSEL), FOR DEFENDANT-APPELLANT.

RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC, BUFFALO (LISA A. COPPOLA OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered March 30, 2012. The judgment awarded plaintiffs the sum of $6,873,646.91 against defendant.

It is hereby ORDERED that the judgment so appealed from is unanimously vacated without costs, the amended order entered March 5, 2012 is modified on the law by denying those parts of plaintiffs’ motion with respect to the first and second causes of action in their entirety and by granting defendant summary judgment dismissing the first cause of action, and as modified the amended order is affirmed and the matter is remitted to Supreme Court, Erie County, for a trial on the issue of liability.

Same Memorandum as in Charter School for Applied Tech. v Board of Educ. for City School Dist. of City of Buffalo ([appeal No. 1] ___ AD3d ___ [Apr. 26, 2013]).

Entered: April 26, 2013 Frances E. Cafarell Clerk of the Court