HUEN NEW YORK, INC. v. BOARD OF EDUCATION CLINTON CENTRAL SCHOOL DISTRICT

CA 09-00421

67 A.D.3d 1337 (2009)

890 N.Y.S.2d 748

2009 NY Slip Op 08262

HUEN NEW YORK, INC., Appellant, v. BOARD OF EDUCATION CLINTON CENTRAL SCHOOL DISTRICT, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 13, 2009.


It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated.

Memorandum: In this breach of contract action, plaintiff appeals from an order granting defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff failed to comply with the written notice of claim requirements set forth in its two contracts with defendant. We reverse...

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