Legal Opinion
Board of Education of Central School District No. 1 v. Homer
New York Supreme Court
Decided December 30, 1974PublishedCited by 4 opinions
1Opinion of the CourtWilliam J. Granule, J.
Defendants move to dismiss plaintiff’s complaint for failure to state a cause of action pursuant to CPLR 3211 (suibd. [a], (par. 7). Plaintiff cross-moves for an order granting leave to serve an amended complaint pursuant to CPLR 3025 (subd. [b]).
Plaintiff seeks indemnification from the defendants for moneys paid in settlement of a claim against it by the estate of a student who died while engaging in one of the school’s physical education activities. Plaintiff’s complaint incorporates by reference the complaint in the wrongful death action against the board of education. The complaints…
2Cases cited5 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Scott v. . CurtisNew York Court of Appeals · 1909
- Exchange Mutual Indemnity Insurance v. Central Hudson Gas & Electric Co.New York Court of Appeals · 1926
- Fletcher v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 1955
- Campigno v. McQuideAppellate Division of the Supreme Court of the State of New York · 1955
3Cited by4 opinions
- Gates-Chili Central School District v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- Berlin & Jones, Inc. v. StateNew York Court of Claims · 1976
- Primoff v. DuellNew York Supreme Court · 1976
- Edwards v. BarbutiAppellate Division of the Supreme Court of the State of New York · 1976