On summary consideration, judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs. The notice of claim provision of section 3813 of the Education Law is applicable to this action to enforce provisions of a collective bargaining agreement. The claims accrued for purposes of this section, when the damages became ascertainable, i.e., at the end of each year in which plaintiffs were contractually entitled to longevity payments (
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HAYDEN v. COMSEWOGUE UNION FREE SCH. DIST. NO. 3, PORT JEFFERSON STATION
55 N.Y.2d 840 (1982)
Edward Hayden, Appellant, v. Comsewogue Union Free School District No. 3, Port Jefferson Station, Respondent. Emmanuel J. Yris, Appellant, v. Comsewogue Union Free School District No. 3, Port Jefferson Station, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Decided January 12, 1982.
Decided January 12, 1982.
Attorney(s) appearing for the Case
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.
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