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SPOLETA CONSTR. & DEV. CORP. v. BD. OF EDUC. OF THE BYRON-BERGEN CENT. SCH. DIST.

221 A.D.2d 927 (1995)

634 N.Y.S.2d 300

Spoleta Construction and Development Corp., Respondent-Appellant, v. Board of Education of the Byron-Bergen Central School District, Appellant-Respondent

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

November 15, 1995

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court should have granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff failed to serve a notice of claim on the proper party prior to commencement of the action as required by Education Law § 3813 (1). Although plaintiff's November 12, 1992 letter...

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