New York Court of Appeals, 1982

Public Improvements, Inc. v. Board of Education

New York Court of Appeals · Decided June 8, 1982

56 N.Y.2d 850; 453 N.Y.S.2d 170; 438 N.E.2d 876; 1982 N.Y. LEXIS 3474

Cases that cite this one

35 later published cases cite this decision. The 25 that cite it most often are listed here.

United States v. Schmitt (District Court, E.D. New York 1998)
American Tel. & Tel. v. NYC DEPT. OF HUMAN RES. (District Court, S.D. New York 1990)
American Telephone & Telegraph Co v. New York City Department of Human Resources (District Court, S.D. New York 1990)
G.A. Contractors, Inc. v. Board of Education (Appellate Division of the Supreme Court of New York 1991)
Grand Island Central School District v. Transcom Equipment Corp. (New York Supreme Court 1985)
F & G Heating Co. v. Board of Education (Appellate Division of the Supreme Court of New York 1984)
Morning v. Board of Education of the City School District (New York Supreme Court 2010)
Power Cooling, Inc. v. Board of Education (Appellate Division of the Supreme Court of New York 2008)
Montella v. Bratton (Appellate Division of the Supreme Court of New York 1998)
Suburban Restoration Co. v. Wappingers Central School District (Appellate Division of the Supreme Court of New York 1998)
Legal Aid Society v. City of New York (Appellate Division of the Supreme Court of New York 1997)
Grossman v. Town of Southampton (New York Supreme Court 1996)
Prote Contracting Co. v. Board of Education (Appellate Division of the Supreme Court of New York 1993)
Grishman v. City of New York (Appellate Division of the Supreme Court of New York 1992)
Fordock v. City of Syracuse (New York Supreme Court 1992)
Jackson v. Triborough Bridge & Tunnel Authority (New York Supreme Court 1992)
William J. Thomann, Inc. v. Auburn Enlarged City School District (Appellate Division of the Supreme Court of New York 1991)
Castagna & Son, Inc. v. Board of Education (Appellate Division of the Supreme Court of New York 1989)
Page v. Macchiarola (Appellate Division of the Supreme Court of New York 1987)
Philson Painting Co. v. Board of Education (Appellate Division of the Supreme Court of New York 1987)
Perrotta v. City of New York (Appellate Division of the Supreme Court of New York 1985)
Klejmont v. Washingtonville Central School District (Appellate Division of the Supreme Court of New York 1985)
Robideau v. South Colonie Central School District (New York Supreme Court 1985)
Daleview Nursing Home v. Axelrod (N.Y. 1984)
Herman H. Schwartz, Inc. v. City of New York (Appellate Division of the Supreme Court of New York 1984)

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

OPINION OF THE COURT

Memorandum.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (81 AD2d 537). We but add that estoppel is unavailable against a public agency (see Matter of Hamptons Hosp. & Med. Center v Moore, 52 NY2d 88; see, also, Matter of Bloomberg-Dubin v Board of Educ., 82 AD2d 854, affd 56 NY2d 555). And, as we have recently had occasion to reiterate, in the absence of an affirmative agreement to the contrary, of which there is no indication here, compliance with the provisions of section 3813 of the Education Law is a “condition precedent” to the commencement of an action against any school district or board of education (cf. Matter of Geneseo Cent. School [Perfetto & Whalen Constr. Corp.], 53 NY2d 306, 311, citing Matter of Board of Educ. [Wager Constr. Corp.], 37 NY2d 283, 288).

*853Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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