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EAGLE VENDING CORP. v. BD. OF EDUC. OF THE CITY OF NEW YORK

41 A.D.2d 849 (1973)

Eagle Vending Corp., Appellant, v. Board of Education of the City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 23, 1973

Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The appeal did not present questions of fact. The ground upon which the trial court dismissed the complaint was that plaintiff's notice of claim was not given to defendant within 90 days after plaintiff's claim arose and therefore there was not compliance with section 50-e of the General Municipal Law. It was undisputed that the notice of...

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