Legal Opinion · Concurrence

Torres v. Board of Education

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

Decided June 27, 1961Published

1Concurrence

Steuer, J. (concurring).

While I concur in the result reached by the majority, namely, that the order granting the amendment to the notice of claim should be reversed, I am in opposition to the grounds upon which that result was reached and to what amounts to a direction to the trial court as to how to proceed in regard to the notice.

The amendment sought is to correct the title of the notice from one addressed to the City of New York to one addressed to the Board of Education. The gravamen of the majority opinion is that the amendment is unnecessary on the theory that the plaintiff may proceed…

2Cases cited14 opinions

  1. Teresta v. City of New YorkNew York Court of Appeals · 1952
  2. Thomann v. City of RochesterNew York Court of Appeals · 1931
  3. Martin v. School Board of Union Free District No. 28New York Court of Appeals · 1950
  4. Matter of Divisich v. MarshallNew York Court of Appeals · 1939
  5. Munroe v. BoothNew York Court of Appeals · 1953

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