Legal Opinion

Public Improvements, Inc. v. Board of Education

New York Supreme Court

Decided April 8, 1980PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael J. Dontzin, J.

The defendant, Board of Education of the City of New York, moves to dismiss the complaint on the grounds that the plaintiff has failed to comply with section 3813 of the Education Law. The plaintiff, Public Improvements, Inc., opposes the motion and cross-moves for an order deeming the verified notice of claim filed with the defendant on May 3, 1974, to be filed nunc pro tune, as of the date within three months of the accrual of plaintiff’s claim, and for leave to serve upon the defendant an amended complaint to assert compliance with section 3813 of…

2Cases cited9 opinions

  1. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  2. Sweeney v. . City of New YorkNew York Court of Appeals · 1919
  3. Robinson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1965
  4. La Porto v. Village of PhilmontNew York Court of Appeals · 1976
  5. Eden v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1975

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3Cited by2 opinions

  1. Public Improvements, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1981
  2. Grossman v. Town of SouthamptonNew York Supreme Court · 1996

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