CHESNEY v. BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 5 OF THE TOWNS OF NORTH CASTLE, GREENBURGH & MOUNT PLEASANT


2 A.D.2d 761 (1956)

Edward Chesney, Respondent, v. Board of Education of Union Free School District No. 5 of the Towns of North Castle, Greenburgh and Mount Pleasant, Appellant

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

July 9, 1956


Order reversed, without costs, and complaint dismissed.

The notice was not served upon, nor was it actually received by, a person designated for that purpose, by the applicable statutes. (General Municipal Law, § 50-e, subd. 3; Munroe v. Booth, 305 N.Y. 426.)

Beldock, J., dissents and votes to affirm, with the following memorandum:

Whether the notice of claim was served upon, or actually received...

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