Legal Opinion
Capstone Enterprises of Port Chester, Inc. v. Valhalla Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 2006PublishedCited by 7 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (La Cava, J.), entered April 1, 2005, which granted the defendant’s motion pursuant to CPLR 3211 to dismiss the complaint for failure to comply with Education Law § 3813 (1) and (2-b).
Ordered that the order is affirmed, with costs.
A cause of action alleging breach of contract arises, and the statute of limitations therefor begins to run, upon the breach (see John J. Kassner & Co. v City of New York, 46 NY2d 544 [1979]). “A breach of contract can be said to occur…
2Cases cited3 opinions
- John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
- 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
- D.J.H. Mechanical Associates, Ltd. v. Mahopac Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by7 opinions
- Consolidated Construction Group, LLC v. Bethpage Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
- Mainline Electric Corp. v. East Quogue Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
- James McCullagh Co. v. South Huntington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
- Clemens Realty, LLC v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008
- Hawthorne Cedar Knolls Union Free School District v. Carey & Walsh, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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