Scalise v. Herkimer, Fulton, Hamilton & Otsego County Board of Cooperative Educational Services
This text of 16 A.D.3d 1061 (Scalise v. Herkimer, Fulton, Hamilton & Otsego County Board of Cooperative Educational Services) 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.
Opinion
— Appeal from an order and judgment (one paper) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered November 17, 2003. The order and judgment denied plaintiffs’ motion to strike defendants’ affirmative defenses and granted the cross motion of defendants for summary judgment dismissing the complaint.
It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is denied, the complaint is reinstated, the motion is granted in part and the fourth affirmative defense is dismissed.
Same memorandum as in Scalise v Herkimer, Fulton, Hamilton & Otsego County BOCES (16 AD3d 1059 [2005]). Present— Scudder, J.P., Kehoe, Gorski, Martoche and Smith, JJ.
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Cite This Page — Counsel Stack
16 A.D.3d 1061, 790 N.Y.S.2d 921, 2005 N.Y. App. Div. LEXIS 2842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scalise-v-herkimer-fulton-hamilton-otsego-county-board-of-cooperative-nyappdiv-2005.