Pendergast v. Board of Education , 75 N.Y.S.2d 293 ( 1947 )

Judgment and order unanimously reversed, with costs to the appellant, and the motion for judgment on the pleadings denied as there are issues of fact that should await disposition at trial. Present — Peck, P. J., Dore, Cohn, Callahan and Shientag, JJ.