Fapco Landscaping, Inc. v. Valhalla Union Free School District
Opinion of the Court
In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered March 5, 2008, which denied its motion for summary judgment dismissing the amended complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the amended complaint is granted.
The Supreme Court incorrectly denied the motion by the defendant, Valhalla Union Free School District (hereinafter the School District), for summary judgment dismissing the amended complaint to recover damages for breach of contract. The School District made a prima facie showing of entitlement to summary judgment on statute of limitations grounds (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). The School District submitted a copy of a letter from the plaintiffs’ attorney, dated
In addition, the School District made a prima facie showing of entitlement to summary judgment on the ground that the plaintiffs failed to serve a notice of claim (see Alvarez v Prospect Hosp., 68 NY2d at 324; Winegrad v New York Univ. Med. Ctr., 64 NY2d at 853; Zuckerman v City of New York, 49 NY2d at 562). Since the School District established that the one-year statute of limitations had expired, it established that the Supreme Court was without jurisdiction to grant the plaintiffs leave to serve a late notice of claim (see Education Law § 3813 [2-a], [2-b]).
In opposition to the School District’s motion, the plaintiffs failed to raise a triable issue of fact as to whether the statute of limitations was tolled (see Zuckerman v City of New York, 49 NY2d at 562).
The School District’s remaining contentions are without merit. Spolzino, J.E, Santucci, Balkin and Chambers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.