New York Court of Appeals, 1982

Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School District

Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School District
New York Court of Appeals · Decided June 8, 1982
56 N.Y.2d 828; 438 N.E.2d 104; 452 N.Y.S.2d 571; 1982 N.Y. LEXIS 3460
Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School District

Cases that cite this one

11 later published cases cite this decision.

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Opinion

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (83 AD2d 654; see, also, Public Improvements v Board of Educ., 56 NY2d 850). Moreover, unlike Salesian Soc. v Village of Ellenville (41 NY2d 521) where the village, neither at trial nor before the Appellate Division, ever raised the matter of the plaintiff’s *830 failure to timely serve and file a notice of claim pursuant to former section 341-b of the Village Law, here the school district promptly moved to dismiss the action for failure to file a timely notice of claim.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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