Civil Service Employees Ass'n v. Board of Education

—In an action to recover damages for breach of a collective bargaining agreement, the defendants appeal from an order of the Supreme Court, Westchester County (Silverman, J.), dated May 5, 1995, which, inter alia, denied their cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the defendants’ claim, the plaintiff was excused from complying with the statutory notice-of-claim requirement in Education Law § 3813. The collective bargaining agreement entered into by the parties contained detailed grievance procedures waiving…