Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Hargraves v Bath Cent. School Dist. (237 AD2d 977 [decided herewith]). (Appeal from Order of Supreme Court, Steuben County, Purple, Jr., J.—Summary Judgment.) Present—Pine, J. P., Lawton, Callahan, Doerr and Fallon, JJ.
Katherine Trusievitz, Individually and as Parent and Guardian of Jennifer M. Trusievitz, an Infant, Respondent, v. Bath Central School District, Appellant, et al., Defendants
237 A.D.2d 978656 N.Y.S.2d 987
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