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POWER COOLING, INC. v. BOARD OF EDUCATION OF CITY OF NEW YORK

48 A.D.3d 536 (2008)

852 N.Y.S.2d 214

POWER COOLING, INC., Appellant, v. BOARD OF EDUCATION OF CITY OF NEW YORK et al., Respondents.

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

Decided February 13, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted the defendants' motion to dismiss the complaint. "The timely presentation of a notice of claim is a condition precedent to maintaining claims against [the defendants]" (H. Verby Co. v Carle Place Union Free School Dist., 5 A.D.3d 730, 730 [2004]; see Education Law §...

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