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H&J FLOOR COVER v. BD OF EDUC

66 A.D.2d 588 (1979)

H & J Floor Covering, Inc., Respondent, v. Board of Education of the City of New York, Appellant

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

February 20, 1979

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Stephen J. McGrath and L. Kevin Sheridan of counsel), for appellant.

Bert K. Leffert for respondent.

HOPKINS, J. P., DAMIANI and RABIN, JJ., concur.

SHAPIRO, J.

In this action to recover the balance due on certain contracts, in which plaintiff, after a jury trial, has recovered a judgment in the principal amount of $36,676.38, the defendant contends that recovery should have been denied and plaintiff's complaint should have been dismissed because it did not allege or prove "that a written verified claim * * * was presented * * * within three months after...

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