Dexter v. Board of Higher Education

We deem that defendant’s first partial defense, which was attacked solely for legal insufficiency, and not as sham, was sufficient on its face to raise an issue as to the amount which plaintiff was entitled to recover by way of salary increments. The affidavits may not he considered on this branch of the motion.

The case differs from Matter of Adams v. Board of Higher Education (288 N. Y. 652) in that here the plaintiff was employed (at least prior to September 1,1938) as a “ temporary instruc*191tor ”, whereas in the cited case the employees involved were “ instructors.” The position of “…