CARTHAGE CENT. SCH. DIST. NO. 1 v. REDDICK & SONS OF GOUVERNEUR, INC.


67 A.D.2d 808 (1979)

Carthage Central School District No. 1, Respondent, v. Reddick & Sons of Gouverneur, Inc., Appellant. (Appeal No. 1.)

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

January 19, 1979


Order unanimously reversed, without costs, and motion denied.

Memorandum:

Contrary to the finding at Special Term, we find that the claim of respondent-appellant (hereinafter referred to as contractor) in Appeal No. 1 with respect to the disputed change orders did not accrue until October 30, 1975, and that therefore the notice of claim dated November 8, 1975 and served November 20, 1975 was timely under subdivision 1 of section 3813 of the Education Law....

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