ACCEN CONSTR. CORP. v. PORT WASHINGTON UNION FREE SCH. DIST.


173 A.D.2d 753 (1991)

Accen Construction Corp., Respondent, v. Port Washington Union Free School District, Appellant

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

May 31, 1991


Ordered that the order is reversed, on the law, without costs or disbursements, and the motion to dismiss is granted.

The plaintiff failed to present its purported notice of claim to "the governing body", the Board of Education of the defendant Port Washington Union Free School District, as required by Education Law § 3813 (1). The application and certificate for payment, purporting to be the notice of claim, was directed to a named individual at the office of...

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