Crescent Electrical Installation Corp. v. Board of Education

In an action to recover damages for breach of contract, defendant appeals from an order of the Supreme Court, Kings County, dated June 20, 1978, which denied its motion for summary judgment. Order reversed, on the law, and motion granted, with $50 costs and disbursements. Defendant contends that the complaint should be dismissed on the • ground that plaintiff did not timely file its notice of claim (see Education Law, § 3813, subd 1). We agree. We note at the outset that subdivision 1 of section 3813 of the Education Law applies to claims made against defendant (see H & J Floor Covering v…