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


25 Misc.2d 945 (1960)

Michael Pruzan et al., Plaintiffs, v. Board of Education of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

December 12, 1960.


Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Leo A. Larkin, Sidney P. Nadel and Pauline K. Berger of counsel), for defendant. Benenson & Israelson (Harold G. Israelson, Arnold R. Streit and Mark K. Benenson of counsel), for plaintiffs. Douglas F. Young for Nassau Classroom Teachers Association, amicus curiæ. Ashe & Rifkin (David L. Ashe of counsel), for New York Civil Liberties Union, amicus curiæ.


JACOB MARKOWITZ, J.

Motion by defendant pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss complaint for insufficiency and for judgment pursuant to rules 112 and 113 of the Rules of Civil Practice. Plaintiffs, by cross motion, seek judgment pursuant to rules 112 and 113 of the Rules of Civil Practice.

The complaint under attack seeks a declaratory judgment to the effect that section 108 of the Civil Service Law (Condon...

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