Legal Opinion
Clemens Realty, LLC v. New York City Department of Education
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 2008PublishedCited by 4 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Kelly, J.), dated January 5, 2007, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (7) and denied its cross motion for leave to amend its complaint.
Ordered that the order is affirmed, with costs.
Education Law § 3813 (2-b) provides that no action or special proceeding shall be commenced against a school district more than one year after the cause of action arose. A breach of contract cause of action arises…
2Cases cited11 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Old Republic National Title Insurance v. Cardinal Abstract Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Henry Boeckmann, Jr. & Associates, Inc. v. Board of Education, Hempstead Union Free School District No. 1Appellate Division of the Supreme Court of the State of New York · 1994
- Briar Contracting Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
- Sargent v. New York Daily News, L.P.Appellate Division of the Supreme Court of the State of New York · 2007
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3Cited by4 opinions
- Kramer v. LOCKWOOD PENSION SERVICES, INC.District Court, S.D. New York · 2009
- Angelo Capobianco, Inc. v. Brentwood Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Blaize v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2022
- Great Northern Insurance Company v. ADT LLCDistrict Court, N.D. New York · 2022