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OF DOES 3-6 v. KENMORE-TOWN OF TONAWANDA UNION FREE SCH. DIST.

406 CA 21-01593.

204 A.D.3d 1450 (2022)

165 N.Y.S.3d 411

2022 NY Slip Op 02718

Of Does 3-6 et al., Respondents, v. Kenmore-Town of Tonawanda Union Free School District, Appellant.

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO (JULIA M. HILLIKER OF COUNSEL), FOR DEFENDANT-APPELLANT.

O'BRIEN & FORD, P.C., BUFFALO (CHRISTOPHER J. O'BRIEN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Smith, J.P., Centra, Lindley and Curran, JJ.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Plaintiffs commenced this personal injury action pursuant to the Child Victims Act (see CPLR 214-g), alleging that they were sexually abused by a fifth grade teacher between 1963 and 1992, while attending school at the Herbert Hoover Elementary School within defendant. Defendant moved pretrial for an order determining that the teacher at issue is incompetent to testify...

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