Order reversed, on the law, without costs or disbursements, plaintiff's motion denied and cross motion granted.
It is undisputed that plaintiff failed to file a written notice of claim as required by subdivision 1 of section 3813 of the Education Law. Since the complaint seeks damages as well as equitable relief, the claim is not primarily equitable in nature and a notice of claim was a condition precedent to the commencement of this action (see Ruocco v Doyle...
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