Legal Opinion

Smith v. Helbraun

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1965PublishedCited by 9 opinions

1Opinion of the Court

In an action by a former Superintendent of Schools of the City School District of the City of Peekskill to recover unpaid salary, the plaintiff appeals from an order of the Supreme Court, Westchester County, entered January 14, 1965, which granted the motion of the defendant Board of Educa*519tion, made pursuant to statute (CPLR 3211), dismissing the second amended complaint on the ground that it fails to state a cause of action. Order reversed, with $10 costs and disbursements; and motion denied. The defendant’s time to answer the complaint is extended until 30 days after entry of the order…

2Cases cited3 opinions

  1. Toscano v. McGoldrickNew York Court of Appeals · 1949
  2. Steinson v. . Bd. of Education of N.Y.New York Court of Appeals · 1901
  3. Smith v. HelbraunNew York Supreme Court · 1963

3Cited by9 opinions

  1. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
  2. Lines v. City of TopekaSupreme Court of Kansas · 1978
  3. Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
  4. Aloi v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1981
  5. Piro v. BowenAppellate Division of the Supreme Court of the State of New York · 1980

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