H & J Floor Covering, Inc. v. Board of Education
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*589OPINION OF THE COURT
Shapiro, J.
In this action to recover the balance due on certain contracts, in which plaintiff, after a jury trial, has recovered a judgment in the principal amount of $36,676.38, the defendant contends that recovery should have been denied and plaintiff’s complaint should have been dismissed because it did not allege or prove "that a written verified claim * * * was presented * * * within three months after the accrual of * * * [the] claim”, as required by subdivision 1 of section 3813 of the Education Law. Plaintiff admits such noncompliance, but argues that it has…
2Cases cited5 opinions
- People Ex Rel. Wells Newton Co. v. . CraigNew York Court of Appeals · 1921
- Matter of Divisich v. MarshallNew York Court of Appeals · 1939
- Matter of Fleischmann v. . GravesNew York Court of Appeals · 1923
- Kramer v. Board of EducationNew York Supreme Court · 1948
- Monks v. ManchAppellate Division of the Supreme Court of the State of New York · 1970
3Cited by13 opinions
- Niagara Mohawk Power Corp. v. City School DistrictNew York Court of Appeals · 1983
- Cayuga-Onondaga Counties Board of Cooperative Educational Services v. SweeneyNew York Court of Appeals · 1996
- Public Improvements, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1981
- Crescent Electrical Installation Corp. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1979
- Leith Construction Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1980
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