Shade Tree Contracting, Inc. v. Hicksville Fire District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), entered July 22, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint for failure to timely file a notice of claim and denied, as academic, its cross motion for leave to serve and file an amended complaint.
Ordered that the order is affirmed, with costs.
The filing of a written verified claim with the fire district secretary is a condition precedent to the commencement of an action against a fire…
2Cases cited5 opinions
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Franza's Universal Scrap Metal, Inc. v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1982
- Elmont Fire District v. Lapeka Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Wa-Wa Yanda, Inc. v. Town of IslipNew York Court of Appeals · 1968
- Wa-Wa-Yanda, Inc. v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1966
3Cited by1 opinion
- JNS Heating Serv., Inc. v. Stony Brook Fire Dist.Appellate Division of the Supreme Court of the State of New York · 2023