Hunt v. Board of Education

This is an appeal by the plaintiff from a judgment of the Supreme Court, entered May 30,1973 in Schenectady County, upon a dismissal of the complaint by the court at a Trial Term at the close of the plaintiffs’ case.

The complaint was dismissed upon the ground that at the trial the plaintiffs had failed to prove a cause of action and, further, because they were unable to proceed with witnesses they desired to call upon the day of the trial. The actual motion by the defendant at the trial was to dismiss the complaint for failure to prove a cause of action, and the court made the statement that…