Smith v. Helbraun

In an action by a School Superintendent to recover damages for breach of a written contract, the Board of Education of the City School District of the City of Peekskill appeals from an order of the Supreme Court, Westchester County, dated September 5, 1963, which denied its motion to dismiss the amended complaint or, in the alternative, to strike out certain of its paragraphs. Order reversed, without costs; motion to dismiss the amended complaint granted; and amended complaint dismissed, with leave to serve a second amended complaint within 30 days after entry of the order hereon, if the…