Legal Opinion

Leith Construction Co. v. Board of Education

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

Decided April 21, 1980PublishedCited by 4 opinions

1Opinion of the Court

In four actions seeking damages for breach of contract, defendant appeals from four orders of the Supreme Court, Kings County, all dated November 1, 1978, which denied its motions for leave to serve amended answers alleging noncompliance with section 3813 of the Education Law, and to dismiss the complaints. Orders reversed, on the law, without costs or disbursements, those branches of the motions seeking dismissal of the complaints are granted, with leave to the plaintiff to serve amended complaints asserting compliance with section 3813 of the Education Law, within 20 days after service upon…

2Cases cited2 opinions

  1. In re the Arbitration between the Board of Education & Wager Construction Corp.New York Court of Appeals · 1975
  2. H & J Floor Covering, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by4 opinions

  1. Hoerger v. Board of Education of the Great Neck Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
  2. Silvernail v. Enlarged City School District of MiddletownAppellate Division of the Supreme Court of the State of New York · 2007
  3. Commissioners of the State Insurance Fund v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2003
  4. Prote Contracting Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1991

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