compromised as R., this did not limit her ability to answer questions about teaching PECS. Furthermore, the staff who were directly responsible for teaching PECS to R. had been trained by PECS specialists. See id. at 40-44, 56. The Court also notes that the administrative hearing took place at the beginning of the 2001-2002 school year, before the Ls had the opportunity fully to assess Dr. Morgan's abilities in overseeing an all-PECS system.
Moreover, the clear thrust of Plainville's testimony was that Dr. Morgan was an effective consultant, and that bringing in a different or an additional consultant might be deleterious to R.'s program. Maureen Schiffer testified that Dr. Morgan "was highly regarded by the staff. She's really easy to work with. Quite frankly, Dr. Itzkowitz has been involvedmake the downpayment. In any event, plaintiffs commenced this action on August 31, 1959, and the defendant vacated the premises on the following day.
The complaint alleged that plaintiffs had duly performed or tendered performance of all of the conditions of the agreement except obtaining a release of items included in the chattel mortgage owned by Mrs. Krautkremer, which plaintiffs claimed was waived by defendant.
In his answer defendant denied that plaintiffs had performed all of the terms and conditions of the agreement and that he had waived any part of the contract. The answer admitted that defendant obtained possession on June 10, 1959, but specifically denied that he was still in possession of the premises and operating the hardware store and that all sales franchises had been transferred to