Legal Opinion

Prote Contracting Co. v. Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 1991PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Leonard N. Cohen, J.), entered November 22, 1989, denying plaintiff’s motion for partial summary judgment on its second cause of action, while granting defendant’s cross-motion for summary judgment dismissing that cause of action, is affirmed, without costs or disbursements.

Education Law § 3813 (1) requires presentation of a claim against a school board or district "within three months after the accrual of such claim”. Plaintiff concededly let sixteen months pass before filing a notice of claim for unpaid extra work performed under a change order…

2Cases cited13 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. City of New York v. StateNew York Court of Appeals · 1976
  3. Castaways Motel v. SchuylerNew York Court of Appeals · 1969
  4. In re the Arbitration between the Board of Education & Wager Construction Corp.New York Court of Appeals · 1975
  5. Brown v. Board of TrusteesNew York Court of Appeals · 1952

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3Cited by1 opinion

  1. Bri-Den Construction Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1994

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