Legal Opinion

D.J.H. Mechanical Associates, Ltd. v. Mahopac Central School District

Appellate Division of the Supreme Court of the State of New York

Decided August 22, 2005PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered July 21, 2004, which denied its motion to dismiss the complaint as time-barred.

Ordered that the order is affirmed, with costs.

The issue presented on this appeal is whether the plaintiff timely commenced this breach of contract action in accordance with Education Law § 3813 (2-b), which states that no action shall be commenced against a school district “more than one year after the cause of action arose.” A cause of action to recover…

2Cases cited4 opinions

  1. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  2. Henry Boeckmann, Jr. & Associates, Inc. v. Board of Education, Hempstead Union Free School District No. 1Appellate Division of the Supreme Court of the State of New York · 1994
  3. Helmer-Cronin Construction, Inc. v. Beacon Community Development AgencyAppellate Division of the Supreme Court of the State of New York · 1989
  4. Spoleta Construction and Development Corp. v. Board of Education of the Byron-Bergen Central School DistricAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by6 opinions

  1. Mainline Electric Corp. v. East Quogue Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
  2. Capstone Enterprises of Port Chester, Inc. v. Valhalla Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
  3. CSEA Employee Benefit Fund v. Warwick Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
  4. Clemens Realty, LLC v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008
  5. Mahopac Central School District v. Piazza Bros.Appellate Division of the Supreme Court of the State of New York · 2006

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