Angelo Capobianco, Inc. v. Brentwood Union Free School District

In an action to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Sgroi, J.), entered January 17, 2007, as denied that branch of its cross motion which was to dismiss the complaint for failure to timely serve a notice of claim pursuant to Education Law § 3813 (1) and as time-barred under Education Law § 3813 (2-b), tod the plaintiff cross-appeals, as limited by its brief, from so much of the same order as denied its motion, in effect, for partial summary judgment on the complaint awarding it…