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MOLLER v. BD. OF EDUC. OF THE CITY OF ALBANY

30 A.D.2d 998 (1968)

Paul E. Moller, an Infant, by Gwen G. Moller, His Mother and Natural Guardian, et al., Respondents, v. Board of Education of the City of Albany et al., Appellants

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

October 17, 1968

HERLIHY, J. P.

The issue as stated by the appellant is whether or not the respondents' amended complaint alleges "all the elements of any recognizable cause of action in any of the six causes of action set forth [therein]". While the amended complaint is deficient in many respects, the Special Term was correct in denying the relief sought herein which is the dismissal of the complaint for failure to state a cause of action. As the proof develops at the...

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