New York Court of Appeals, 1971

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

New York Court of Appeals · Decided June 9, 1971

29 N.Y.2d 508; 272 N.E.2d 488; 323 N.Y.S.2d 978; 1971 N.Y. LEXIS 1236

Cases that cite this one

23 later published cases cite this decision. The 22 that cite it most often are listed here.

Caputo v. Copiague Union Free School District (District Court, E.D. New York 2016)
Friel v. County of Nassau (District Court, E.D. New York 2013)
Russell v. County of Nassau (District Court, E.D. New York 2010)
Christian v. Town of Riga (District Court, W.D. New York 2009)
Rondout Electric, Inc. v. Dover Union Free School District (Appellate Division of the Supreme Court of New York 2003)
Niagara Mohawk Power Corp. v. City School District (N.Y. 1983)
Parochial Bus Systems, Inc. v. Board of Education (N.Y. 1983)
EMD Construction Corp. v. New York City Department of Housing Preservation & Development (Appellate Division of the Supreme Court of New York 2010)
Hartsdale Fire District v. Eastland Construction, Inc. (Appellate Division of the Supreme Court of New York 2009)
Koren-DiResta Construction Co., Inc. v. New York City School Construction Authority (Appellate Division of the Supreme Court of New York 2002)
White v. Freyman (New York Supreme Court 1997)
McGillicuddy v. Rush Henrietta Central School District (Henrietta Justice Court 1997)
Boyer v. Board of Education (New York Supreme Court 1986)
Murray v. LeRoy Central School District (Appellate Division of the Supreme Court of New York 1985)
Boncella v. Camden Central School District (Appellate Division of the Supreme Court of New York 1985)
Niagara Mohawk Power Corp. v. City School District of City of Troy (Appellate Division of the Supreme Court of New York 1982)
Public Improvements, Inc. v. Board of Education (Appellate Division of the Supreme Court of New York 1981)
Kingston City Schools Consolidated v. Sheraden (Appellate Division of the Supreme Court of New York 1980)
Carthage Central School District No. 1 v. Reddick & Sons of Gouverneur, Inc. (Appellate Division of the Supreme Court of New York 1979)
In re the Arbitration between Kingston City Schools Consolidated & Sheraden (New York Supreme Court 1979)
Board of Education v. Southern (New York Supreme Court 1978)
A. D. Walker & Co. v. Board of Education of Central School District No. 1 (Appellate Division of the Supreme Court of New York 1977)

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

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 how the sum is arrived at or the damages incurred (23 Carmody-Wait, 2d, New York *510Practice, § 144:85, compare forms at pp. 364-372). Without such statement adjustment and settlement of the dispute are rendered unlikely. No amount was specified either in the pleadings or affidavits in the injunction action. Although technical defenses in abatement are not favored where prejudice has not resulted, courts may not relieve a litigant of a positive statutory mandate, even to avoid a harsh result (Munroe v. Booth, 305 N. Y. 426, 428). The controlling statute distinguishes between an action and the filing of a claim, and the filing is a precondition to the bringing of an action. It is, therefore, no answer that the action or another action was brought within the time limit for the filing of a claim, and the action papers provide all the requisite detail and more (cf. Matter of Board of Educ. [Heckler Elec. Co.], 7 N Y 2d 476, 483-484).

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and G-ibson concur.

Order reversed, without costs, and case remitted to Special Term for further proceedings in accordance with the memorandum herein. Question certified answered in the negative.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.