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RUBINO v. CITY OF NEW YORK

145 A.D.2d 285 (1989)

Joan Rubino et al., Appellants, v. City of New York, Defendant, and Board of Education of the City of New York, Respondent

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

March 14, 1989

Attorney(s) appearing for the Case

L. Kevin Sheridan of counsel (Jesse C. Sable, attorney), for appellants.

Linda H. Young of counsel (Edward F. X. Hart with her on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for respondent.

SULLIVAN, J. P., MILONAS, ELLERIN and WALLACH, JJ., concur.

ASCH, J.

Plaintiff Joan Rubino was injured on April 21, 1980, in a school yard controlled by the defendant Board of Education. Timely notice of claim was served. However, although a summons and complaint was served on the City of New York on April 7, 1981, listing both the city and the Board of Education as defendants, no process was ever served upon the Board of Education. The Corporation Counsel answered on...

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