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Full opinion text

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.