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VALHALLA DIST v. SOMERS DIST

98 Misc.2d 365 (1978)

Valhalla Union Free School District, Appellant, v. Somers Central School District, Respondent.

Supreme Court, Appellate Term, Second Department.

February 16, 1978

Attorney(s) appearing for the Case

William D. Sporborg, Jr., for appellant. Murray Steyer and Marvin S. Fink for respondent.

Concur: FARLEY, P. J., PITTONI and SILBERMAN, JJ.

MEMORANDUM.

Order unanimously reversed, without costs, plaintiff's motion to dismiss defendant's affirmative defenses granted and defendant's cross motion to dismiss the complaint is denied.

It is our opinion that a suit to recover the cost of tuition based on subdivision 5 of section 3202 of the Education Law is one to "vindicate a public interest" and is, therefore, not subject to the requirements of subdivision...

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