Varsity Transit, Inc. v. Board of Education

OPINION OF THE COURT

Rosenblatt, J.

On this appeal, we resolve whether an action against a municipality can suffice as a notice of claim for damages that accrue after the start of the action. We hold that the relevant statute requires plaintiffs to file new notices of claim even though the action seeks an injunction and damages on the same legal theory as the damages that came afterwards.

Plaintiffs are bus companies that have long-term contracts with defendant New York City Department of Education1 to transport the Department’s students. The contracts require the Department to pay the bus…