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CRESCENT ELEC. INSTALLATION CORP. v. BD. OF EDUC. OF THE CITY OF NEW YORK

72 A.D.2d 760 (1979)

Crescent Electrical Installation Corp., Respondent, v. Board of Education of the City of New York (I. S. 151/P. S. 156), Appellant

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

November 13, 1979

Order reversed, on the law, and motion granted, with $50 costs and disbursements.

Defendant contends that the complaint should be dismissed on the ground that plaintiff did not timely file its notice of claim (see Education Law, § 3813, subd 1). We agree. We note at the outset that subdivision 1 of section 3813 of the Education Law applies to claims made against defendant (see H & J Floor Covering v Board of Educ., 66 A.D.2d 588

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