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ALFRED SANTINI & CO., INC. v. CITY OF NEW YORK

266 A.D.2d 119 (1999)

698 N.Y.S.2d 678

ALFRED SANTINI & CO., INC., Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided November 23, 1999.

A claim for payment from the Board of Education must be preceded by a notice of claim served on the Board within three months of its accrual (Education Law § 3813 [1]; Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539, 547-548), a condition precedent to the maintenance of the action (Castagna & Son v Board of Educ., 151 A.D.2d 392), and untimeliness presents a fatal defect (

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