Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Orange County, for a determination of both motions on the merits.
In February 2005 the plaintiff, Kim L., served upon the defendant a notice of claim alleging, inter alia, that her son, a student at Hamilton Bicentennial Elementary School, had repeatedly been assaulted by another student at the school. Thereafter, the defendant conducted...
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