Legal Opinion
N. Picco & Sons Contracting Co. v. Board of Education of Bronxville School
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2006PublishedCited by 2 opinions
1Opinion of the Court
*318In an action to recover damages for breach of a construction contract, the defendant appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered May 25, 2005, which, inter alia, denied its motion to dismiss the complaint for failure to serve a verified notice of claim.
Ordered that the order is affirmed, with costs.
Contrary to the defendant’s contention, the Supreme Court properly determined that the plaintiff was excused from complying with the statutory notice of claim requirement in Education Law § 3813. The detailed grievance procedures of the parties’ contract…
2Cases cited4 opinions
- In re the Arbitration between Guilderland Central School District & Guiilderland Central Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1974
- Davis-Wallbridge, Inc. v. City of SyracuseNew York Court of Appeals · 1988
- D.J.H. Mechanical Associates, Ltd. v. Mahopac Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2005
- Civil Service Employees Ass'n v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by2 opinions
- Bacchus v. New York City Department of EducationDistrict Court, E.D. New York · 2015
- Matter of Nassau BOCES Educ. Adm'rs Assn. v. Board of Coop. Educ. Servs. of Nassau CountyAppellate Division of the Supreme Court of the State of New York · 2019