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A. D. WALKER & CO., INC. v. BD. OF EDUC. OF CENT. SCH. DIST. NO. 1 OF THE TOWNS OF MOUNT PLEASANT & NORTH CASTLE

43 A.D.2d 868 (1974)

A. D. Walker & Co., Inc., Appellant, v. Board of Education of Central School District No. 1 of the Towns of Mount Pleasant and North Castle, Respondent

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

January 28, 1974

Order affirmed, with $20 costs and disbursements and without prejudice to plaintiff's proceeding as indicated hereinbelow.

Plaintiff made the motion in question because it had failed to present a timely claim to respondent, that is, within three months after the accrual of the cause of action alleged in the complaint, as required by section 3813 of the Education Law. Thus, prima facie it is barred from proceeding on that cause of action. In our opinion, Special Term...

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