Legal Opinion

James McCullagh Co. v. South Huntington Union Free School District

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

Decided April 3, 2007PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated May 23, 2006, which denied its motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint for failure to comply with Education Law § 3813 (1) and (2-b).

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint for failure to comply with Education Law § 3813 (1) and (2-b) is granted.

*481Pursuant to Education Law § 3813, no action may be maintained against a school…

2Cases cited6 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. C.S.A. Contracting Corp. v. New York City School Construction AuthorityNew York Court of Appeals · 2005
  3. Alfred Santini & Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  4. Capstone Enterprises of Port Chester, Inc. v. Valhalla Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
  5. Hawthorne Cedar Knolls Union Free School District v. Carey & Walsh, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

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3Cited by5 opinions

  1. Zurich American Insurance v. Ramapo Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2009
  2. Mainline Electric Corp. v. East Quogue Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
  3. Fauvell v. MiglinoAppellate Division of the Supreme Court of the State of New York · 2013
  4. Clemens Realty, LLC v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008
  5. Blaize v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2022

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