PAROCHIAL v. BD. OF EDUC.


60 N.Y.2d 539 (1983)

Parochial Bus Systems, Inc., et al., Appellants, v. Board of Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 15, 1983.


Attorney(s) appearing for the Case

Joseph S. Rosenthal and Thomas J. McNamara for Parochial Bus Systems, Inc., appellant.

Robert A. Kennedy, Richard L. O'Hara, Victoria Quesada and David Westermann, Jr., for Local 100, Transport Workers Union of America, appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (John F. Grubin and Mark H. Weinstein of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


JASEN, J.

The principal issue on appeal in this contract action is whether the failure to present a claim to the Board of Education pursuant to section 3813 of the Education Law necessarily bars an action against it, where the notice has instead been served upon an officer of one of the bureaus operating under the supervision of the Board.

This action was brought by plaintiff Parochial Bus Systems, Inc...

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