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LEITH CONSTR. CO., INC. v. BD. OF EDUC. OF THE CITY OF NEW YORK

75 A.D.2d 615 (1980)

Leith Construction Co., Inc., Respondent, v. Board of Education of the City of New York (James Monroe H. S.), Appellant. (And Three Other Similar Actions.)

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

April 21, 1980

Orders reversed, on the law, without costs or disbursements, those branches of the motions seeking dismissal of the complaints are granted, with leave to the plaintiff to serve amended complaints asserting compliance with section 3813 of the Education Law, within 20 days after service upon it of a copy of the order to be made hereon, together with notice of entry thereof.

Those branches of the motions seeking leave to serve amended answers are denied as academic....

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