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STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
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`AB 511 DOE,
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`v.
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`LYNDONVILLE CENTRAL SCHOOL DISTRICT;
`LYNDONVILLE ELEMENTARY SCHOOL.
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` Index No.: 20-46602
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`Plaintiff,
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`Defendants.
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`WHEREAS, Defendants Lyndonville Central School District and Lyndonville
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`ORDER
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`Elementary School (collectively referred to as “the District”), by and through their
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`attorneys, Webster Szanyi LLP, filed a motion in limine seeking to add Terry Houseman
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`to the verdict sheet for purposes of apportioning potential liability pursuant to Article 16 of
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`the CPLR (see Doc. 184-197); and
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`WHEREAS, in support of that motion, the District submitted a Notice of
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`Motion dated February 9, 2024 (Doc. 184), Affirmation of Ryan G. Smith dated February
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`9, 2024, with Exhibits A-K (Doc. 185-196), and Memorandum of Law dated February 9,
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`2024 (Doc. 197); and
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`WHEREAS, in opposition to the motion, Plaintiff AB 511 Doe filed an
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`Affirmation of Leah Costanzo dated February 19, 2024, with Exhibits A-J (Doc. 243-253);
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`and
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`WHEREAS, in further support of that motion, the District submitted a Reply
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`Affirmation of Ryan G Smith dated February 22, 2024, with Exhibit A (Doc. 280-281), and
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`a Reply Memorandum of Law (Doc. 282); and
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`WHEREAS, the Court having heard oral argument on the motion on
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`1
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`February 26, 2024, with Leah Costanzo appearing on behalf of Plaintiff, and Ryan G.
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`Smith and Shannon B. Vandermeer appearing on behalf of the District; and
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`NOW, upon consideration of all the papers, pleadings, and materials
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`submitted by the parties, and due deliberation having been had, and after such due
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`deliberation, the Court having issued a written decision (Doc. 286) dated March 4, 2024,
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`and entered on March 5, 2024, a copy of which is attached hereto as Exhibit A, it is
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`hereby:
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`ORDERED, that the District’s motion to add Houseman on the verdict sheet
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`is GRANTED provided that evidence is presented at trial substantiating that Houseman
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`is the alleged abuser.
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`GRANTED:
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`ENTERED:
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`______________________________
`Hon. Deborah A. Chimes
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`2
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