44 A.D.2d 831 | N.Y. App. Div. | 1974
In an action to recover damages inter alia for wrongful discharge, plaintiff appeals from an order of the Supreme Court, Nassau County, entered November 15, 1973, which granted three motions by the separately appearing defendants to dismiss the complaint. Order modified by striking therefrom the second decretal paragraph, which granted the motion of the defendant Board of Education, and substituting therefor a provision denying the motion of said defendant. As so modified, order affirmed, with $20 costs and disbursements to plaintiff against the defendant Board of Education and with $20 costs and disbursements to defendants Cappa and Motoyama against plaintiff. Plaintiff asserts that his contract was to expire on June 30, 1975. On June 22, 1972 the defendant board voted to terminate plaintiff’s contract as of June 30, 1972. At a special meeting of the board held on June 25, 1972, plaintiff’s contract was terminated, effective immediately. In a prior action based on the same controversy we affirmed a dismissal of plaintiff’s amended complaint as against the defendant board for failure to serve a verified notice of claim (Scherman v. School