Legal Opinion · Dissent
Murray v. LeRoy Central School District
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1985Published
1Dissent
Callahan, J. (dissenting).
I disagree that no notice of claim was ever presented. Exhibits D, E, F, G and H are all certified claims submitted to the school district on "claim forms” supplied by the district. These are adequate as they contain sufficient facts to constitute a claim. The Court of Appeals in Matter of Baker (Board of Educ.) (309 NY 551, 557) has held that there are no rigid requirements imposed by statute as to the form which claims must take. This court has acknowledged that "[tjhere is no precise formula regarding what must be included” in a notice of claim (Carthage Cent.…
2Cases cited11 opinions
- Teresta v. City of New YorkNew York Court of Appeals · 1952
- In re the Arbitration between the Board of Education & Wager Construction Corp.New York Court of Appeals · 1975
- Serravillo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1976
- P. J. Panzeca, Inc. v. Board of EducationNew York Court of Appeals · 1971
- In re the Arbitration between Baker & Board of EducationNew York Court of Appeals · 1956
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