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N. PICCO & SONS CONTRACTING CO., INC. v. BOARD OF EDUCATION OF BRONXVILLE SCHOOL

26 A.D.3d 317 (2006)

808 N.Y.S.2d 781

N. PICCO & SONS CONTRACTING CO., INC., Respondent, v. BOARD OF EDUCATION OF BRONXVILLE SCHOOL, Appellant.

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

February 7, 2006.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court properly determined that the plaintiff was excused from complying with the statutory notice of claim requirement in Education Law § 3813. The detailed grievance procedures of the parties' contract were "plainly inconsistent with those contained in [Education Law § 3813], thus indicating the parties' apparent intention to waive the normal applicability...

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