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ALMAR CONSTR. CORP. v. P. M. HUGHES & SONS, INC.

70 A.D.2d 870 (1979)

Almar Construction Corporation, Plaintiff, v. P. M. Hughes & Sons, Inc., Appellant, and Board of Education, Central School District No. 2, Towns of Yorktown, New Castle and Cortlandt, Respondent, et al., Defendant. (And a Third-Party Action.)

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

June 4, 1979

Order reversed, on the law, without costs or disbursements, and the action is remitted to Trial Term for an immediate trial, pursuant to CPLR 3212 (subd [c]), on the issue of whether Hughes "presented" a copy of its final requisition (which this court has already held constitutes a notice of claim [Almar Constr. Corp. v Hughes & Sons, 58 A.D.2d 615]) to the Board within the meaning of section 3813 of the Education Law.

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