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VARSITY TR. v. BD. OF EDUC.

5 N.Y.3d 532 (2005)

840 N.E.2d 569

806 N.Y.S.2d 457

VARSITY TRANSIT, INC., et al., Respondents, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Appellant.

Court of Appeals of the State of New York.

Decided November 17, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for appellant.

Ruskin Moscou Faltischek, P.C., Uniondale (Joseph R. Harbeson of counsel), for respondents.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

On this appeal, we resolve whether an action against a municipality can suffice as a notice of claim for damages that accrue after the start of the action. We hold that the relevant statute requires plaintiffs to file new notices of claim even though the action seeks an injunction and damages on the same legal theory as the damages that came afterwards.

Plaintiffs...

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