Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School District
This text of 438 N.E.2d 104 (Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School District) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (83 AD2d 654; see, also, Public Improvements v Board of Educ., 56 NY2d 850). Moreover, unlike Salesian Soc. v Village of Ellenville (41 NY2d 521) where the village, neither at trial nor before the Appellate Division, ever raised the matter of the plaintiff’s *830 failure to timely serve and file a notice of claim pursuant to former section 341-b of the Village Law, here the school district promptly moved to dismiss the action for failure to file a timely notice of claim.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
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Cite This Page — Counsel Stack
438 N.E.2d 104, 56 N.Y.2d 828, 452 N.Y.S.2d 571, 1982 N.Y. LEXIS 3460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amsterdam-wrecking-salvage-co-v-greater-amsterdam-school-district-ny-1982.