Chem Construction Corp. v. Board of Education

*983OPINION OF THE COURT

Aaron D. Bernstein, J.

This is an action for damages arising out of a construction contract entered into by the parties in March, 1973. Plaintiff, alleging three causes of action, seeks recovery for (1) the contract balance due; (2) additional work done under change Orders Nos. G13 and G14; and (3) extra work done under protest. The defendant, board of education, now moves to amend its answer to assert a defense based upon plaintiff’s failure to comply with the notice of claim requirements of section 3813 of the Education Law, and for summary judgment dismissing plaintiff’s…