G.A. CONTRACTORS, INC. v. BD. OF EDUC. OF THE CITY OF NEW YORK


176 A.D.2d 856 (1991)

G.A. Contractors, Inc., Respondent, v. Board of Education of the City of New York, Appellant

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

October 21, 1991


Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for an immediate trial pursuant to CPLR 3212 (c) to determine the date upon which the plaintiff's claim for extra work accrued and whether service of the notice of claim with respect thereto was timely under Education Law § 3813 (1).

The record reveals that the parties entered into a contract wherein the plaintiff agreed to perform...

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