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PUB IMPROVE v. BD OF EDUC

103 Misc.2d 713 (1980)

Public Improvements, Inc., Plaintiff, v. Board of Education of City of New York, Defendant.

Supreme Court, Special Term, New York County.

April 8, 1980.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Scott D. St. Marie of counsel), for defendant. McDonough Schneider Marcus Cohn & Tretter (Alan Levy of counsel), for plaintiff. M. Carl Levine, Morgulas & Foreman (Jerrold Morgulas of counsel), amicus curiae. Max Greenberg, Trayman, Cantor, Reiss & Blasky (Lou Cantor of counsel), amicus curiae.

MICHAEL J. DONTZIN, J.

The defendant, Board of Education of the City of New York, moves to dismiss the complaint on the grounds that the plaintiff has failed to comply with section 3813 of the Education Law. The plaintiff, Public Improvements, Inc., opposes the motion and cross-moves for an order deeming the verified notice of claim filed with the defendant on May 3, 1974, to be filed nunc pro tunc,...

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