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WE TRANSPORT, INC. v. WESTBURY UNION FREE SCHOOL DISTRICT

2021-09193. Index No. 612400/20.

219 A.D.3d 865 (2023)

195 N.Y.S.3d 290

2023 NY Slip Op 04394

We Transport, Inc., Respondent, v. Westbury Union Free School District, Appellant.

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

Decided August 23, 2023.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC, Garden City, NY (Howard M. Miller and Brittany Frank of counsel), for appellant.

Gerstman Schwartz, LLP, Garden City, NY (Randy E. Kleinman of counsel), for respondent.

Dillon, J.P., Genovesi, Ford and Taylor, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (R. Bruce Cozzens, Jr., J.), dated October 13, 2021. The order, insofar as appealed from, denied the defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the...

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