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FARRELL v. HOCHHAUSER

65 A.D.3d 663 (2009)

884 N.Y.S.2d 261

BRENDAN FARRELL et al., Respondents, v. ERIC S. HOCHHAUSER et al., Defendants, and BELLMORE-MERRICK CENTRAL HIGH SCHOOL DISTRICT et al., Appellants.

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

Decided August 25, 2009.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Bellmore-Merrick Central High School District, W.C. Mepham High School, and John F. Kennedy High School for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted.

The infant plaintiff, Brendan Farrell (hereinafter Farrell), a wrestler at John F. Kennedy High School (hereinafter JFK) allegedly contracted herpes simplex I...

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