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KINNER v. BD. OF EDUC.

6 A.D.2d 204 (1958)

John Kinner, Doing Business under the Name of John Kinner & Associates, Respondent, v. Board of Education, Central School District No. 1, Towns of Camillus, Van Buren, Onondaga, Elbridge and Geddes, Onondaga County, Appellant

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

July 9, 1958.

Attorney(s) appearing for the Case

Victor Levine for appellant.

W. Earle Costello for respondent.

Present — McCURN, P. J., KIMBALL, WILLIAMS, GOLDMAN and HALPERN, JJ.

GOLDMAN, J.

This is an appeal from a denial of defendant's motion for judgment on the pleadings pursuant to section 476 of the Civil Practice Act, and rule 112 of the Rules of Civil Practice or in the alternative for summary judgment dismissing the complaint. The papers before the court at Special Term were the summons, complaint, answer, defendant's demand for a bill of particulars, plaintiff's bill of particulars...

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