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FLORENCE DEV. CORP. v. BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF NEW YORK

81 A.D.2d 855 (1981)

Florence Development Corporation, Respondent-Appellant, v. Board of Education of the City School District of the City of New York, Appellant-Respondent, et al., Defendant

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

May 11, 1981

Cross appeal by plaintiff dismissed; it was not properly perfected. Upon the appeal by the board, judgment reversed insofar as appealed from, on the law, with costs, and complaint dismissed as against the board.

Plaintiff's failure to serve a notice of claim upon the defendant Board of Education pursuant to subdivision 1 of section 3813 of the Education Law, necessitates dismissal of the action (see Crescent Elec. Installation Corp. v Board of Educ.,

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