Kinner v. Board of Education

This is an appeal from a denial of defendant’s motion for judgment on the pleadings pursuant to section 476 of the Civil Practice Act, and rule 112 of the Rules of Civil Practice or in the alternative for summary judgment dismissing the complaint. The papers before the court at Special Term were the summons, complaint, answer, defendant’s demand for *205a bill of particulars, plaintiff’s bill of particulars, defendant’s affidavit in support of the motion and plaintiff’s affidavit in opposition. The complaint alleges three causes of action growing out of an agreement between the parties whereby…