Wm J. Schmitt, Inc. v. Penfield Central School District

Order unanimously affirmed, without costs. Memorandum: These cross appeals raise questions under section 3813 of the Education Law concerning the timeliness and sufficiency of a notice of claim allegedly filed by plaintiff in June, 1974. Special Term held that a notice sufficient in form had been filed and that a question of fact was raised as to whether the defendant had received it. We accept the reasoning of the court on that point. On this appeal defendant argues for the first time that the notice was not served within three months of the date the claim accrued. In 1972 plaintiff…