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Gay Teachers Ass'n. v. Board of Education

Appellate Division of the Supreme Court of New York, First Department
May 12, 1992
183 A.D.2d 478 (N.Y. App. Div. 1992)

Opinion

May 12, 1992

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


In light of the fact that in deciding a CPLR 3211 (a) (7) motion to dismiss, we are "required to view every allegation of the complaint as true and resolve all inferences in favor of the plaintiff regardless of whether the plaintiff will ultimately prevail on the merits" (Grand Realty Co. v. City of White Plains, 125 A.D.2d 639), and given the current state of the law regarding discrimination in this area of family relationships (see, Braschi v. Stahl Assocs. Co., 74 N.Y.2d 201), we find that the trial court properly denied the municipal defendants' motion to dismiss.

Concur — Rosenberger, J.P., Wallach, Ross, Asch and Kassal, JJ.


Summaries of

Gay Teachers Ass'n. v. Board of Education

Appellate Division of the Supreme Court of New York, First Department
May 12, 1992
183 A.D.2d 478 (N.Y. App. Div. 1992)
Case details for

Gay Teachers Ass'n. v. Board of Education

Case Details

Full title:GAY TEACHERS ASSOCIATION et al., Respondents, v. BOARD OF EDUCATION OF THE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 12, 1992

Citations

183 A.D.2d 478 (N.Y. App. Div. 1992)

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