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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
CourtNew York Court of Appeals
DecidedSeptember 18, 1979
StatusPublished
Cited by2 cases

This text of 396 N.E.2d 481 (Lindsey v. Board of Education) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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.

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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)

Cite This Page — Counsel Stack

Bluebook (online)
396 N.E.2d 481, 48 N.Y.2d 646, 421 N.Y.S.2d 199, 1979 N.Y. LEXIS 2574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsey-v-board-of-education-ny-1979.