Board of Education of Katonah-Lewisboro School District v. Board of Education of Carmel Central School District

OPINION OF THE COURT

Aldo A. Nastasi, J.

This is an action for the reimbursement of tuition funds by the Katonah-Lewisboro School District from the defendant Carmel Central School District. Plaintiff contends that defendant is liable for the expenses for a handicapped student for the school year 1986-1987. The summons and complaint were served on August 9, 1989. No notice of claim or lawsuit was filed until this action was commenced.

Defendant now moves to dismiss the complaint pursuant to *72CPLR 3211 (a) (5). Defendant contends that pursuant to subdivision (2-b) of section 3813 of the Education…