WEIMER v. BD. OF EDUC. OF THE SMITHTOWN CENT. SCH. DIST. NO. 1


75 A.D.2d 893 (1980)

George C. Weimer, Jr., as Assignee of David Burner and Another, Appellant, v. Board of Education of the Smithtown Central School District No. 1 et al., Respondents David Burner et al., Plaintiffs, v. Board of Education of the Smithtown Central School District No. 1 et al., Respondents

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

May 27, 1980


Order affirmed insofar as appealed from, with $50 costs and disbursements, on the opinion of Mr. Justice Baisley at Special Term.

Weinstein, J., dissents and votes to reverse the order insofar as appealed from, and grant summary judgment to the appellant, with the following memorandum:

The instant litigation grew out of an earlier action brought by appellant George Weimer against the defendant school district, of which he had formerly been the...

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