Justin Electrical, Inc. v. Board of Education of Shenendehowa Central School District

—Casey, J.

Appeal from an order of the Supreme Court (Viscardi, J.), entered October 13, 1994 in Saratoga County, which denied defendant’s motion to dismiss the complaint as time barred.

At issue on this appeal is whether plaintiff’s breach of contract action against defendant should be dismissed for lack of compliance with the Education Law § 3813 notice of claim requirement. Supreme Court denied defendant’s motion to dismiss, concluding that a question of fact existed as to whether plaintiff’s notice of claim was filed within 3 months of the accrual of the claim. We agree and, therefore,…