ZELL v. BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF NEW YORK


88 A.D.2d 934 (1982)

Clara Zell, Respondent, v. Board of Education of the City School District of the City of New York, Appellant

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

June 7, 1982


Order reversed, on the law, with $50 costs and disbursements, defendant's motion for summary judgment dismissing the complaint is granted, and the cross motion is denied.

Plaintiff's remedy lies in the grievance procedure set forth in the contract between her deceased husband's union and his employer. Plaintiff, the widow of a public school custodian, commenced this action upon defendant's implicit refusal to pay to her a death benefit of $25,000 which she claimed...

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