Philson Painting Co. v. Board of Education

In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Goldstein, J.), dated June 27, 1985, as, upon renewal and reargument, granted the defendant’s motion for summary judgment dismissing the plaintiffs complaint for failure to timely file a notice of claim pursuant to Education Law § 3813 (1), and denied the plaintiffs cross motion to strike the defendant’s second affirmative defense with respect to the failure to timely file a notice of claim, and for summary judgment.

Ordered that…