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SUBURBAN RESTORATION COMPANY, INC. v. WAPPINGERS CENTRAL SCHOOL DISTRICT

256 A.D.2d 572 (1998)

683 N.Y.S.2d 109

SUBURBAN RESTORATION COMPANY, INC., Appellant, v. WAPPINGERS CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided December 28, 1998.

Ordered that the order and judgment is affirmed, with costs.

Education Law § 3813 (1) requires a notice of claim to be served upon the governing body of a school district within three months after the accrual of a claim. The timely service of a notice of claim is a condition precedent to the commencement of an action against a school district (see, Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539; Public Improvements...

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