Opinion

Lindsey v. Board of Education

48 N.Y.2d 646
421 N.Y.S.2d 199
396 N.E.2d 481
1979 N.Y. LEXIS 2574

Court: New York Court of Appeals
Filed: Sep 18, 1979
Status: Published
Cited by: 2 cases
Authority: More cited than 59.2%

The opinion

OPINION OF THE COURT

Order reversed, with costs, and case remitted to the Appellate Division, Fourth Department, for consideration on the merits. The defense of failure to give notice under subdivision 1 of section 3813 of the Education Law, not having been raised in the court of original jurisdiction, was waived (Flanagan v Board of Educ., 47 NY2d 613, 617 ; Matter of Schlosser v Board of Educ., 47 NY2d 811 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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