Legal Opinion

Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School District

New York Court of Appeals

Decided June 8, 1982PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (83 AD2d 654; see, also, Public Improvements v Board of Educ., 56 NY2d 850). Moreover, unlike Salesian Soc. v Village of Ellenville (41 NY2d 521) where the village, neither at trial nor before the Appellate Division, ever raised the matter of the plaintiff’s failure to timely serve and file a notice of claim pursuant to former section 341-b of the Village Law, here the school district promptly moved to dismiss the action for failure to file a timely notice of claim.

Concur: Chief…

2Cases cited2 opinions

  1. Public Improvements, Inc. v. Board of EducationNew York Court of Appeals · 1982
  2. Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School DistrictAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by11 opinions

  1. G.A. Contractors, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1991
  2. Philson Painting Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987
  3. Acme Skillman Construction Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1984
  4. In re the Arbitration between City School District & Tougher Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  5. Rutigliano v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1991

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