Runyan v. Board of Education

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Nassau County (Kelly, J.), dated April 30, 1985, which granted the plaintiffs’ motion to amend their complaint so as to add a paragraph alleging, inter alia, service of a notice of claim, and failed to grant the defendants’ cross motion for summary judgment dismissing the complaint *709based upon the plaintiffs’ failure to serve a notice of claim prior to commencement of the action.

Order affirmed, without costs or disbursements.

The record indicates, and indeed the…