Legal Opinion
Austin v. Board of Higher Education
New York Court of Appeals
Decided April 9, 1959PublishedCited by 129 opinions
1Opinion of the Court
*434Chief Judge Conway.
On this appeal we are called upon to answer the following question certified to us by the Appellate Division, First Department: ‘1 Was the order of the Appellate Division entered May 27, 1958, proper in denying' defendant’s motion to dismiss the amended complaint herein pursuant to Rule 106 of the Rules of Civil Practice, on the ground that it appears on the face thereof that the amended complaint does not state facts sufficient to constitute a cause of action? ”
The action is one at law in which plaintiffs, six discharged members of the instructional staff of defendant, the…
2Cases cited10 opinions
- Slochower v. Board of Higher Ed. of New York CitySupreme Court of the United States · 1956
- Reed v. . McCordNew York Court of Appeals · 1899
- Daniman v. Board of EducationNew York Court of Appeals · 1954
- Toscano v. McGoldrickNew York Court of Appeals · 1949
- Peruzzin v. TestAppellate Division of the Supreme Court of the State of New York · 1953
5 more not listed; retrieve them via the Exa API.
3Cited by129 opinions
- De Milio v. BorghardNew York Court of Appeals · 1982
- Finley v. GiacobbeCourt of Appeals for the Second Circuit · 1996
- Finley v. GiacobbeCourt of Appeals for the Second Circuit · 1996
- DeWeerth v. BaldingerCourt of Appeals for the Second Circuit · 1987
- 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
124 more not listed; retrieve them via the Exa API.