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BD. OF EDUC., UNION FREE SCH. DIST. NO. 1 v. POWELL

280 A.D. 1012 (1952)

Board of Education, Union Free School District No. 1, Town of Coeymans, Albany County, Respondent, v. Ten Eyck B. Powell et al., Individually and as Former and Holdover Trustees of Common School District No. 2, Town of Coeymans, Albany County, Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 17, 1952.

The complaint alleges a cause of action for money due plaintiff from holdover trustees of the Common School District No. 2, Town of Coeymans, Albany County, New York, annexed to the territory of plaintiff in February, 1947. After this annexation a central school district was formed embracing the territories of both of the former districts. It is the contention of appellants that plaintiff ceased to exist as a corporate entity with power to sue prior to the commencement of...

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