Appellate Division of the Supreme Court of the State of New York May 15, 2012 (Varsity Bus Co. v. New York City Department of Education)

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered September 13, 2011, which denied plaintiffs’ motion for summary judgment, granted defendants’ cross-motion for summary judgment dismissing the complaint, and denied as moot plaintiffs’ motion for leave to amend the complaint, unanimously modified, on the law, to the extent of denying defendants’ cross-motion for summary judgment