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DOE v. DEPARTMENT OF EDUCATION OF CITY OF NEW YORK

54 A.D.3d 352 (2008)

862 N.Y.S.2d 598

JANE DOE et al., Appellants, v. DEPARTMENT OF EDUCATION OF CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

August 12, 2008.

Ordered that the judgment is reversed, on the law, the motion pursuant to CPLR 4401 is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial before a different Justice, with costs to abide the event.

The plaintiff Jane Doe, along with her father, suing derivatively, commenced this action against the defendants Department of Education of the City of New York ...

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