Legal Opinion
William J. Thomann, Inc. v. Auburn Enlarged City School District
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 1991PublishedCited by 3 opinions
1Opinion of the Court
— Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment and dismissal of the complaint.
Plaintiff failed to file the notice of claim required by Education Law § 3813 within three months of the time that the project was substantially complete (see, Castagna & Son v Board of Educ., 151 AD2d 392, 393; Public Improvements v Board of Educ., 81 AD2d 537, affd 56 NY2d 850). A question of fact exists, however, whether defendant is estopped from asserting the defense of failure to file the notice of claim (see, Welsh v Gindele &…
2Cases cited7 opinions
- Public Improvements, Inc. v. Board of EducationNew York Court of Appeals · 1982
- Arnell Construction Corp. v. Village of North TarrytownAppellate Division of the Supreme Court of the State of New York · 1984
- Public Improvements, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1981
- Arnell Construction Corp. v. Village of North TarrytownNew York Court of Appeals · 1985
- Castagna & Son, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by3 opinions
- 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
- Smith v. SagistanoAppellate Division of the Supreme Court of the State of New York · 1992
- Spoleta Construction and Development Corp. v. Board of Education of the Byron-Bergen Central School DistricAppellate Division of the Supreme Court of the State of New York · 1995