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SHALMAN v. BD. OF EDUC.

31 A.D.2d 338 (1969)

Boris Shalman et al., Respondents, v. Board of Education of Central School District No. 1 of the Towns of Thompson, Bethel, Forestburg, Mamakating and Fallsburgh, Defendant and Third-Party Plaintiff-Appellant-Respondent. Reader-Green Construction Corp. et al., Third-Party Defendants-Appellants

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

March 10, 1969.

Attorney(s) appearing for the Case

Max E. Greenberg, Trayman, Harris, Cantor, Reiss & Blasky (Joseph K. Gormley of counsel), for Reader-Green Construction Corp., third-party defendant-appellant.

Gottesman, Wolgel & Smith (Samuel Gottesman of counsel), for Insurance Company of North America, third-party defendant-appellant.

Wiess & Costa (Lawrence E. Lagarenne of counsel), for defendant and third-party plaintiff-appellant.

Goldstein & Goldstein (Carl P. Goldstein and David Farber of counsel), for respondents.

HERLIHY, REYNOLDS, COOKE and GREENBLOTT, JJ., concur.

GIBSON, P. J.

Appeals are taken by defendant and third-party plaintiff and by third-party defendants from an order of the Supreme Court at Special Term which, among other things, (1) conditionally denied defendant's motion to dismiss the amended complaint (a) as barred by plaintiffs' failure to file timely notices of claim under section 3813 of the Education Law and (b) as insufficient, for failure to allege...

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