Scalise v. Herkimer, Fulton, Hamilton & Otsego County Board of Cooperative Educational Services

Appellate Division of the Supreme Court of New York

Scalise v. Herkimer, Fulton, Hamilton & Otsego County Board of Cooperative Educational Services

16 A.D.3d 1061, 790 N.Y.S.2d 921, 2005 N.Y. App. Div. LEXIS 2842

Appellate Division of the Supreme Court of the State of New York·Decided March 18, 2005·No. Appeal No. 2·Published

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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— 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.

Scalise v. Herkimer, Fulton, Hamilton & Otsego County Board of Cooperative Educational Services, 16 A.D.3d 1061, 790 N.Y.S.2d 921, 2005 N.Y. App. Div. LEXIS 2842 (N.Y. Ct. App. 2005).

Pincite

16 A.D.3d 1061 (Scalise v. Herkimer, Fulton, Hamilton & Otsego County Board of Cooperative Educational Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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