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Guiseppe Calabro, Appellant, v. Board of Education of City of New York et al., Respondents

New York Supreme Court, Appellate Division2003-04-28
304 A.D.2d 782757 N.Y.S.2d 804

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Opinion

majority opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 10, 2001, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, and the complaint is reinstated.

There are issues of fact requiring the denial of summary judgment. Ritter, J.P., Goldstein, Luciano and Schmidt, JJ., concur.