Mark v. BD. OF HIGHER EDUC. OF CITY OF NY

303 N.Y. 154 (1951)

Irving Mark et al., Appellants,

v.

Board of Higher Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Argued May 31, 1951.

Decided July 11, 1951

Benjamin M. Zelman for appellants.

John P. McGrath, Corporation Counsel (Arthur H. Kahn and Seymour B. Quel of counsel), for respondent.

LEWIS, CONWAY and DYE, JJ., concur with FROESSEL, J.; LOUGHRAN, Ch. J., DESMOND and FULD, JJ., dissent.

FROESSEL, J.

This declaratory judgment action involves the construction of the "transfer clause" of former section 889, subdivision b, of the Education Law (L. 1943,…