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RUOCCO v. DOYLE

38 A.D.2d 132 (1972)

Anthony Ruocco, Respondent, v. Donald A. Doyle et al., Constituting The Board of Education of Union Free School District No. 10, Commack, Towns of Huntington and Smithtown, Appellants

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

January 17, 1972.

Attorney(s) appearing for the Case

Gerald Casper for appellants.

Sarisohn, Thierman & Sarisohn (Walter G. Steindler of counsel), for respondent.

MARTUSCELLO, LATHAM and GULOTTA, JJ., concur with SHAPIRO, J.; MUNDER, Acting P. J., dissents and votes to reverse the order and grant the motion to dismiss the complaint, with an opinion.

SHAPIRO, J.

The plaintiff, a school principal with tenure, employed by the defendant Board of Education, alleges in his complaint that on or about March 13, 1969 the defendant through one Ross Headly engaged in fraud, duress and deceit which caused the plaintiff to execute a written resignation, to take effect on September 1, 1971. The improper conduct is alleged to include threatening to deny the plaintiff's application for sabbatical leave for the 1969...

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