Calhoun v. Ilion Central School District

Dec 30, 2011
Appeal No. 1
Versions:90 A.D.3d 1686
936 N.Y.S.2d 438
935 N.Y.2d 521

[936 NYS2d 438]

Memorandum: Plaintiff, a former student at defendant Ilion Central School District (School District), commenced this action alleging that defendants violated the Americans with Disabilities Act ([ADA] 42 USC § 12101 et seq.), the Rehabilitation Act (29 USC § 701 et seq.), and the Human Rights Law (Executive Law § 290 et seq.) when they discriminated against him because of his learning disability. He also asserted a cause of action for defamation against defendant Christine Ruff as well as causes of action for assault and battery against defendant Peter Butchko. Both Ruff and Butchko were teachers employed by the School District. Defendants moved to dismiss the complaint pursuant to various subdivisions of CPLR 3211 and for summary judgment—