SMITH v. HELBRAUN


38 Misc.2d 136 (1963)

Herbert B. Smith, Plaintiff, v. Henry Helbraun et al., Defendants

Supreme Court, Special Term, Westchester County.

February 13, 1963


Attorney(s) appearing for the Case

Spencer & Tunstead for defendants. Charles B. McGroddy, Jr., for plaintiff.


JOSEPH F. GAGLIARDI, J.

The questions before the court concern the sufficiency of each of the three causes pleaded in the complaint of Herbert B. Smith, the former Superintendent of Schools for the district embracing the City of Peekskill, New York.

The first cause of action alleges that "on or about the 1st day of November, 1961, defendants, as a majority of four against three on said Board of Education...

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