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SANDAK v. TUXEDO UNION SCH. DIST. NO. 3, TOWN OF TUXEDO

283 A.D. 732 (1954)

Anna Sandak, an Infant, by Michael Sandak, Her Guardian ad Litem, Appellant, v. Tuxedo Union School District No. 3, Town of Tuxedo, Defendant, and Marion White et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 8, 1954.

The motion was granted. Order dismissing the second cause of action, and the judgment entered thereon, affirmed, with $10 costs and disbursements.

No opinion.

Nolan, P. J., dissents and votes to modify the order appealed from by adding a provision permitting an amendment of the second cause of action pleaded in the complaint, for the purpose of pleading the service of a notice of claim in compliance with section 50-e of the General Municipal Law...

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