Legal Opinion
Greece Central School District v. Garden Grove Landscape
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2011PublishedCited by 1 opinion
1Opinion of the Court
Memorandum:
In this breach of contract action arising from a school construction project (hereafter, project), Garden Grove Landscape (defendant) appeals from an order that denied its motion seeking, inter alia, to deem its notice of claim timely pursuant to Education Law § 3813 (2-a). Contrary to defendant’s contention, Supreme Court properly concluded that the notice of claim was untimely.
“Pursuant to Education Law § 3813 (1), a notice of claim must be served upon a school district within three months after the accrual of a claim. The timely service of a notice of claim is a condition…
2Cases cited3 opinions
- Oriska Insurance v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2009
- Lenz Hardware, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Granite Capital Holdings, Inc. v. Sherburne-Earlville Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by1 opinion
- City of Buffalo City Sch. Dist. v. LPCiminelli, Inc.Appellate Division of the Supreme Court of the State of New York · 2018