Majority
p. 544Sarah E. Buckbee, Appellant, v. The Board of Education of the City of New York, Respondent. (Argued January 10, 1907; decided January 29, 1907.)
Headnote
Buckbee v. Board of Education, N. Y. City, 115 App. Div. 366 , affirmed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1906, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the answer and overruling such demurrer in an action to recover a balance alleged to be due for services.
The following question was certified :
“ Is the new matter set up by way of defense in paragraph 2 of the defendant’s answer to each of the causes of action set forth in the complaint a sufficient defense in law upon the . face thereof ? ”
Theodore H. Lord and John T. Little for appellant.
William B. Ellison, Corporation Counsel (Theodore Connoly and Stephen O'Brien of counsel), for respondent.
Order affirmed, with costs, and question certified answered in the affirmative on opinion of Clarke, J., helow.
Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.
Cases cited
- Buckbee v. Board of Education 115 App. Div. 366 p. 544