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CASELLA v. BD. OF EDUC. OF THE CITY OF NEW YORK

21 A.D.2d 690 (1964)

Thomas Casella, an Infant, by His Guardian ad Litem, Salvatore Casella, et al., Respondents, v. Board of Education of the City of New York, Appellant, et al., Defendant

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

May 25, 1964

Order reversed, without costs and motion denied.

At the time the judgment was entered, section 1474 of the Civil Practice Act (as amd. by L. 1962, ch. 695), so far as material, provided as follows: "§ 1474. Limitation of plaintiff's costs by reason of bringing action in higher court. The plaintiff shall recover no costs or disbursements: 1. In an action brought in the supreme court, triable in any county in the city of New York, which could have been brought...

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