Opinion
December 19, 1949.
The plaintiff's son was a student at defendant's school, and was dismissed for cause at the end of the first semester of the school year. The action is to recover the amount paid for tuition and board for the second semester. The affidavits show that the plaintiff and the defendant entered into a contract for tuition and board for the entire school year, although the contract price was paid in installments. Order of the County Court, Westchester County, denying defendant's motion for summary judgment, reversed on the law, with $10 costs and disbursements, and the motion granted, without costs. Against defendant's evidence, most of which is documentary, plaintiff has failed to show such facts as may be deemed sufficient by the court to entitle him to a trial of the issues. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.