Suburban Restoration Co. v. Wappingers Central School District
Cases that cite this one
5 later published cases cite this decision.
- Scantron Corp. v. New York City Board of Education (Civil Court of the City of New York 2004)
- Power Cooling, Inc. v. Board of Education (Appellate Division of the Supreme Court of New York 2008)
- Consolidated Construction Group, LLC v. Bethpage Union Free School District (Appellate Division of the Supreme Court of New York 2007)
- Clayton Industries, Inc. v. City of Newburgh (Appellate Division of the Supreme Court of New York 2005)
- New York City School Construction Authority v. Kallen (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for breach of contract, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Dutchess County (Jiudice, J.), dated December 30, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint for failure to serve a timely notice of claim pursuant to Education Law § 3813 (1), and dismissed the complaint.
Ordered that the order and judgment is affirmed, with costs.
Education Law § 3813 (1) requires a notice of claim to be served upon the governing body of a school district within three months after the accrual of a claim. The timely service of a notice of claim is a condition precedent to the commencement of an action against a school district (see, Parochial Bus Sys. v Board of Educ., 60 NY2d 539; Public Improvements v Board of Educ., 56 NY2d 850). For contracts entered into before July 17, 1992, a claim accrues, and the three-month period begins to run, when the contractor’s damages become ascertainable (see, Matter of Board of Educ. [Wager Constr. Corp.], 37 NY2d 283; G.A. Contrs. v Board of Educ., 176 AD2d 856). As a general rule, damages are considered ascertainable under this standard once the work is substantially completed, or a detailed invoice of the work has been submitted (see, Matter of Board of Educ. [Merritt Meridian Constr. Corp.], 210 AD2d 854; G.A. Contrs. v Board of Educ., supra).
Applying these principles to the instant case, the Supreme
Furthermore, while a school district may be estopped from asserting a notice of claim defense where its affirmative conduct has induced the other side to delay serving the notice of claim (see, Smith v Sagistano, 186 AD2d 180), the plaintiffs submissions are insufficient to raise an issue of fact as to whether the conduct of the School District’s representatives induced it to delay serving its notice of claim. Copertino, J. P., Joy, Krausman and Goldstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.