Plaintiff's notice of claim, served July 25, 1991, was not presented to defendant "within three months after the accrual of such claim" (Public Authorities Law § 1744 [2]; Education Law § 3813 [former (1)]), i.e., by January 4, 1991, at the latest, when plaintiff submitted to defendant requisitions for payment for services performed prior to the termination of the contracts in issue, and thereby acknowledged that its damages were then "ascertainable" (see
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P & C GIAMPILIS CONTRACTING CO., INC. v. NEW YORK CITY SCH. CONSTR. AUTH.
211 A.D.2d 524 (1995)
622 N.Y.S.2d 442
P & C Giampilis Contracting Co., Inc., Appellant, v. New York City School Construction Authority, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 19, 1995
January 19, 1995
Appellate Division of the Supreme Court of the State of New York, First Department.
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