WM J. SCHMITT, INC. v. PENFIELD CENT. SCH. DIST.


54 A.D.2d 1100 (1976)

Wm J. Schmitt, Inc., Respondent-Appellant, v. Penfield Central School District, Appellant-Respondent

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

November 5, 1976


Order unanimously affirmed, without costs.

Memorandum:

These cross appeals raise questions under section 3813 of the Education Law concerning the timeliness and sufficiency of a notice of claim allegedly filed by plaintiff in June, 1974. Special Term held that a notice sufficient in form had been filed and that a question of fact was raised as to whether the defendant had received it. We accept the reasoning of the court on that point. On this appeal defendant...

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