Home/Appellate Division of the Supreme Court of New York/Gay Teachers Ass'n v. Board of Education of the City School District

Gay Teachers Ass'n v. Board of Education of the City School District

183 A.D.2d 478, 585 N.Y.S.2d 1016, 1992 N.Y. App. Div. LEXIS 6744
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 12, 1992
StatusPublished
Cited by5 cases

This text of 183 A.D.2d 478 (Gay Teachers Ass'n v. Board of Education of the City School District) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gay Teachers Ass'n v. Board of Education of the City School District, 183 A.D.2d 478, 585 N.Y.S.2d 1016, 1992 N.Y. App. Div. LEXIS 6744 (N.Y. Ct. App. 1992).

Opinion

— Order, Supreme Court, New York County (Karla Moskowitz, J.), entered August 21, 1991, which, inter alia, denied the municipal defendants’ motion to dismiss plaintiffs’ complaint, unanimously affirmed, without costs.

In light of the fact that in deciding a CPLR 3211 (a) (7) motion to dismiss, we are "required to view every allegation of the complaint as true and resolve all inferences in favor of the plaintiff regardless of whether the plaintiff will ultimately prevail on the merits” (Grand Realty Co. v City of White Plains, 125 AD2d 639), and given the current state of the law regarding discrimination in this area of family relationships (see, Braschi v Stahl Assocs. Co., 74 NY2d 201), we find that the trial court properly denied the municipal defendants’ motion to dismiss. Concur — Rosenberger, J. P., Wallach, Ross, Asch and Kassal, JJ.

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Bluebook (online)
183 A.D.2d 478, 585 N.Y.S.2d 1016, 1992 N.Y. App. Div. LEXIS 6744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gay-teachers-assn-v-board-of-education-of-the-city-school-district-nyappdiv-1992.