Mancuso v. Board of Education of Schenectady City School District

Appeal from an order of the Supreme Court entered in Schenectady County, which granted a motion to strike out certain affirmative defenses alleged in the answer, and denied defendant’s cross motion to dismiss the complaint on the grounds that the court was without jurisdiction, and that the complaint failed to state a cause of action. The complaint seeks judgment declaring and determining that the constitutional tax limit of the defendant school district is 1%.% of the average full valuation of the taxable real property; declaring unconstitutional a portion of subdivision 1 of section 2701 of…