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JUSTIN ELEC., INC. v. BD. OF EDUC. OF SHENENDEHOWA CENT. SCH. DIST.

221 A.D.2d 836 (1995)

633 N.Y.S.2d 862

Justin Electrical, Inc., Respondent, v. Board of Education of Shenendehowa Central School District, Appellant

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

November 22, 1995

Casey, J.

At issue on this appeal is whether plaintiff's breach of contract action against defendant should be dismissed for lack of compliance with the Education Law § 3813 notice of claim requirement. Supreme Court denied defendant's motion to dismiss, concluding that a question of fact existed as to whether plaintiff's notice of claim was filed within 3 months of the accrual of the claim. We agree and, therefore, affirm the order.

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