Levitch v. Board of Education

In this case we reach the following conclusions:

1. We think the learned justice at Special Term was right in denying plaintiff’s motion for -summary judgment. The answer presented issues upon which defendant was entitled to a trial.

2. As to the dismissal of the amended complaint upon the ground that it did not state a cause of action: While we disagree with the learned Special Term in its conclusion that the plaintiff could be removed from her employment except for cause and after a hearing (Education Law, § 872, subd. 3), we think plaintiff could not maintain this action for salary for a…