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GREECE CENTRAL SCHOOL DISTRICT v. LANDSCAPE

CA 11-01352.

90 A.D.3d 1568 (2011)

935 N.Y.S.2d 777

2011 NY Slip Op 9466

GREECE CENTRAL SCHOOL DISTRICT, Respondent, v. GARDEN GROVE LANDSCAPE, Appellant, et al., Defendant.

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

Decided December 23, 2011.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this breach of contract action arising from a school construction project (hereafter, project), Garden Grove Landscape (defendant) appeals from an order that denied its motion seeking, inter alia, to deem its notice of claim timely pursuant to Education Law § 3813 (2-a). Contrary to defendant's contention, Supreme Court properly concluded that the notice...

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