P. J. Panzeca, Inc. v. Board of Education

Memorandum.

The order of the Appellate Division should be reversed, without costs, the motion to dismiss the complaint granted, and the question certified answered in the negative. Even assuming that an order to show cause with accompanying papers in an action for an injunction may qualify as a verified claim for purposes of subdivision 1 of section 3813 of the Education Law, the papers are nevertheless defective. In the absence of circumstances demonstrating impracticability, the critical element in a verified claim in a contract action is the monetary demand and some suggestion at least on…