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LEVIN v. BD. OF EDUC., UNION FREE SCH. DIST. NO. 1, COUNTY OF EASTCHESTER

54 A.D.2d 960 (1976)

Michael Levin, an Infant, by His Father and Natural Guardian, William Levin, et al., Appellants, v. Board of Education, Union Free School District No. 1, County of Eastchester, et al., Respondents. (And a Third-Party Caption.)

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

November 22, 1976

Appeal from so much of the judgment as is in favor of the defendant Town of Eastchester dismissed, without costs or disbursements.

Plaintiffs having consented upon the trial to the motion by the defendant Town of Eastchester for the dismissal of the complaint as against it, no appeal lies from such dismissal as plaintiffs are not aggrieved parties within the meaning of CPLR 5511. Judgment otherwise reversed, on the law and in the interest of justice, and new trial...

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