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HARON v. BOARD OF ED. OF CITY OF NEW YORK

No. 75 Civ 1120.

411 F.Supp. 68 (1976)

Florence HARON, Plaintiff, v. BOARD OF EDUCATION OF the CITY OF NEW YORK and Irving Anker, as Chancellor of the New York City School District, Defendants.

United States District Court, E. D. New York.

March 31, 1976.

Attorney(s) appearing for the Case

James R. Sandner, New York City, for plaintiff.

W. Bernard Richland, Corp. Counsel by Rosemary Carroll, Asst. Corp. Counsel, New York City, for defendants.

OPINION AND ORDER

PLATT, District Judge.

Defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on the ground that plaintiff's complaint "fails to state a cause of action".

Technically, such a motion would lie under Rule 12(b)(6) and would seek an order of dismissal for "failure to state a claim upon which relief can be granted", but in view of the fact that defendants have filed an answer and an affidavit...

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