Legal Opinion

H & J Floor Covering, Inc. v. Board of Education

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

Decided February 20, 1979PublishedCited by 13 opinions

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

  1. People Ex Rel. Wells Newton Co. v. . CraigNew York Court of Appeals · 1921
  2. Matter of Divisich v. MarshallNew York Court of Appeals · 1939
  3. Matter of Fleischmann v. . GravesNew York Court of Appeals · 1923
  4. Kramer v. Board of EducationNew York Supreme Court · 1948
  5. Monks v. ManchAppellate Division of the Supreme Court of the State of New York · 1970

3Cited by13 opinions

  1. Niagara Mohawk Power Corp. v. City School DistrictNew York Court of Appeals · 1983
  2. Cayuga-Onondaga Counties Board of Cooperative Educational Services v. SweeneyNew York Court of Appeals · 1996
  3. Public Improvements, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1981
  4. Crescent Electrical Installation Corp. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1979
  5. Leith Construction Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1980

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