BAKA v. BD. OF EDUC.


8 Misc.2d 1022 (1957)

Frank Baka et al., Plaintiffs, v. Board of Education of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

July 1, 1957.


Attorney(s) appearing for the Case

Morris Weissberg for plaintiffs.

Peter Campbell Brown, Corporation Counsel (Robert E. Hugh and Isidore Heyman of counsel), for defendant.


FRANCIS X. CONLON, J.

On this motion to dismiss the complaint for alleged insufficiency, all the allegations of the pleading, other than conclusions and allegations of law, must be deemed admitted. One of the averments of the complaint which must be regarded as admitted is that "the position of instructor in showers was classified by the defendant as a position on its teaching staff". It appears that the plaintiffs were originally appointed in 1936 as...

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