Legal Opinion

Spoleta Construction and Development Corp. v. Board of Education of the Byron-Bergen Central School Distric

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

Decided November 15, 1995PublishedCited by 9 opinions

1Opinion of the Court

—Order unanimously modified on the law and as *928modified affirmed without costs in accordance with the following Memorandum: Supreme Court should have granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff failed to serve a notice of claim on the proper party prior to commencement of the action as required by Education Law § 3813 (1). Although plaintiff’s November 12, 1992 letter to defendant Board of Education substantially complied with the statutory provisions regarding the degree of descriptive detail required in a notice of claim, it was not…

2Cases cited12 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. Pierson v. City of New YorkNew York Court of Appeals · 1982
  3. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  4. Walsh v. Staten Island Obstetrics & Gynecology Associates, P.C.New York Court of Appeals · 1993
  5. 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

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3Cited by9 opinions

  1. Field v. Tonawanda City School DistrictDistrict Court, W.D. New York · 2009
  2. D.J.H. Mechanical Associates, Ltd. v. Mahopac Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2005
  3. Power Cooling, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2008
  4. Mahopac Central School District v. Piazza Bros.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Matter of Jovasevic v. Mount Vernon City Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2020

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