HECKLER ELEC. CO., INC. v. BD. OF EDUC., UNION FREE SCH. DIST. NO. 7, TOWN OF NORTH HEMPSTEAD


14 A.D.2d 816 (1961)

Heckler Electric Company, Inc., Respondent, v. Board of Education, Union Free School District No. 7, Town of North Hempstead, Appellant

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

October 30, 1961


Order affirmed, with $10 costs and disbursements.

We are in accord with the determination at Special Term that the allegations of the complaint, which are pleaded pursuant to section 3813 of the Education Law, are conclusory, but that such conclusory allegations are nevertheless expressly authorized by the statute. Hence, we are of the opinion that the motion by defendant pursuant to rule 102 of the Rules of Civil Practice was properly denied, as was defendant's motion...

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