Sandak v. Tuxedo Union School District No. 3

In an action by the infant plaintiff to recover for personal injuries sustained during physical education activities in the gymnasium of a school maintained by defendant school district, which activities were then under the supervision of respondents, as teachers, the latter moved to dismiss the second cause of action — the only one alleged against them — on the ground of insufficiency in that it fails to allege that a notice of claim was served on respondents in compliance with subdivision 2 of section 3813 of the Education Law. The motion was granted. Order dismissing the second cause of…