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Louderback v. Board of Education

244 N.Y. 511 Court N.Y. Decision date 1926-11-30 English

Contents

Majority

p. 511
Jessie L. Louderback, Respondent, v. The Board of Education of the City of New York, Appellant.

Headnote

New York city ■ — ■ teachers — action by school teacher to recover salary alleged to be due.
Louderback v. Board of Education, 216 App. Div. 805 , affirmed.
(Argued November 15, 1926;
decided November 30, 1926.)
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 9, 1926, unanimously affirming a judgment in favor of plaintiff entered upon an order of Special Term granting a motion by plaintiff to strike out the answer and for judgment on the pleadings. The action was brought by the plaintiff, a visiting teacher in the employ of the defendant, on her own behalf and on behalf of other visiting teachers who assigned their claims to her, for arrears of salary alleged to be due pursuant to schedule A-3 of section 883 of the Education Law, added to said law by chapter 645 of the Laws of 1919, as amended by chapter 680 of the Laws of 1920, either from the' date when such statutes and salary schedules adopted thereunder by the board of education became effective, if their appointments as visiting"teachers were made prior thereto, or from the date of such appointments down to the 1st day of April, 1925.
p. 512
George P. Nicholson, Corporation Counsel (Elliot S. Benedict and John F. O’Brien of counsel), for appellant.
Arthur C. Mendel for respondent.

Judgment affirmed,- with costs; no opinion.

Concur: Hi-scock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.