MUNROE v. BOOTH


305 N.Y. 426 (1953)

Warren T. Munroe, an Infant, by William T. Munroe, His Guardian ad Litem, et al., Appellants, v. Russell G. Booth et al., as Trustees of Hempstead Number 1 School District, Respondents.

Court of Appeals of the State of New York.

Decided June 5, 1953


Attorney(s) appearing for the Case

Sidney J. Feltenstein for appellants.

George J. Conway and George A. Garvey for respondents.

LEWIS, Ch. J., DESMOND, DYE and FULD, JJ., concur in Per Curiam, opinion; FROESSEL, J., dissents in opinion in which CONWAY, J., concurs.


Per Curiam.

A reversal would be justified in this case only if the court were to ignore the plain command of the applicable statutes that the essential notice of claim must be served upon a "member of the board of education, * * * [a] trustee, or the clerk thereof" (Civ. Prac. Act, § 228, subd. 6; General Municipal Law, § 50-e). Concededly, there was a complete failure to obey or comply with that mandate...

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