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EFFECTIVE COMM v. BD. OF EDUC

57 A.D.2d 485 (1977)

Effective Communications West, Inc., Respondent, v. Board of Cooperative Educational Services of the Sole Supervisory District of Cattaraugus, Erie and Wyoming Counties, Appellant

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

May 27, 1977

Attorney(s) appearing for the Case

Shane & McCarthy (J. Michael Shane of counsel), for appellant.

Moriarty & Swanz (Donald J. Swanz of counsel), for respondent.

MARSH, P. J., MOULE, CARDAMONE and DILLON, JJ., concur.

GOLDMAN, J.

Defendant appeals from Special Term's denial of its motion to dismiss the second cause of action in plaintiff's complaint. Defendant contends that that cause of action sounds in tort and is therefore time-barred by virtue of section 3813 of the Education Law and section 50-i of the General Municipal Law.

This dispute arises out of a written contract executed in 1971 in which the plaintiff...

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