Hermele v. Union Free School District No. 23
Opinion of the Court
In an action, inter alia, to recover damages for wrongful discharge from employment and for reinstatement of employment, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Burke, J.), entered May 2, 1989, as granted that branch of the defendants’ motion which was to dismiss those causes of action in the complaint which sought to recover damages for failure of the plaintiffs to comply with the notice requirement of Education Law § 3813.
Ordered that the order is affirmed insofar as appealed from, with costs.
By demanding money damages, the plaintiff sought resolution of a private dispute and not the vindication of an important public right. Accordingly, the "public interest exception” to the notice requirement of Education Law § 3813 was inapplicable and the Supreme Court properly dismissed those causes of action which sought to recover damages based upon the plaintiffs admitted failure to comply with the notice requirement (see, 423 S. Salina St. v City of Syracuse, 68 NY2d
Case-law data current through December 31, 2025. Source: CourtListener bulk data.