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D.J.H. MECHANICAL ASSOCIATES, LTD. v. MAHOPAC CENTRAL SCHOOL DISTRICT

21 A.D.3d 521 (2005)

799 N.Y.S.2d 907

D.J.H. MECHANICAL ASSOCIATES, LTD., Respondent, v. MAHOPAC CENTRAL SCHOOL DISTRICT, Appellant.

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

August 22, 2005.

Ordered that the order is affirmed, with costs.

The issue presented on this appeal is whether the plaintiff timely commenced this breach of contract action in accordance with Education Law § 3813 (2-b), which states that no action shall be commenced against a school district "more than one year after the cause of action arose." A cause of action to recover damages for breach of contract arises, and the statute of limitations therefore begins to run, upon the...

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