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WARNER v. BD. OF EDUC. N. Y. C.

24 Misc.2d 717 (1960)

Myra S. Warner, Plaintiff, v. The Board of Education of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

January 27, 1960.

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Joseph M. Callahan, Jr., and Peter J. Flanagan of counsel), for defendant.

Morris Weissberg and John J. De Lury for plaintiff.

VINCENT A. LUPIANO, J.

This motion to dismiss the complaint under rule 106 of the Rules of Civil Practice for legal insufficiency is denied. Two causes of action are pleaded. The first cause seeks recovery of salary lost during a period of time occasioned by defendant's erroneous cancellation of plaintiff's eligibility for medical reasons as substitute teacher, which, in turn, caused the Superintendent of Schools...

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