P. J. PANZECA, INC. v. BD. OF EDUC., UNION FREE SCH. DIST. NO. 6, TOWNS OF ISLIP & SMITHTOWN


29 N.Y.2d 508 (1971)

P. J. Panzeca, Inc., Respondent, v. Board of Education, Union Free School District No. 6, Towns of Islip and Smithtown, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1971.


Attorney(s) appearing for the Case

Eugene L. Wishod for appellant.

Murray Bogatin for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, the motion to dismiss the complaint granted, and the question certified answered in the negative. Even assuming that an order to show cause with accompanying papers in an action for an injunction may qualify as a verified claim for purposes of subdivision 1 of section 3813 of the Education Law, the papers are nevertheless defective. In the...

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