Alfred Santini & Co. v. City of New York

—Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered July 21, 1998, denying defendants’ motion for summary judgment dismissing *120the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint.

A claim for payment from the Board of Education must be preceded by a notice of claim served on the Board within three months of its accrual (Education Law § 3813 [1]; Parochial Bus Sys. v Board of Educ., 60 NY2d 539, 547-548), a condition…