Lindsey v. Board of Education
396 N.E.2d 481, 48 N.Y.2d 646, 421 N.Y.S.2d 199, 1979 N.Y. LEXIS 2574
Opinion
OPINION OF THE COURT
Order reversed, with costs, and case remitted to the Appellate Division, Fourth Department, for consideration on the merits. The defense of failure to give notice under subdivision 1 of section 3813 of the Education Law, not having been raised in the court of original jurisdiction, was waived (Flanagan v Board of Educ., 47 NY2d 613, 617; Matter of Schlosser v Board of Educ., 47 NY2d 811).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Free access — add to your briefcase to read the full text and ask questions with AI
Lindsey v. Board of Education, 396 N.E.2d 481, 48 N.Y.2d 646, 421 N.Y.S.2d 199, 1979 N.Y. LEXIS 2574 (N.Y. 1979).
396 N.E.2d 481 (Lindsey v. Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Spedding v. Bowman
152 A.D.2d 971 (Appellate Division of the Supreme Court of New York, 1989)
Lindsey v. Board of Education
72 A.D.2d 185 (Appellate Division of the Supreme Court of New York, 1980)