Home/New York Court of Appeals/Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School District

Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School District

438 N.E.2d 104, 56 N.Y.2d 828, 452 N.Y.S.2d 571, 1982 N.Y. LEXIS 3460
New York Court of Appeals·Decided June 8, 1982·Published·Cited by 11 cases

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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Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School District, 438 N.E.2d 104, 56 N.Y.2d 828, 452 N.Y.S.2d 571, 1982 N.Y. LEXIS 3460 (N.Y. 1982).

438 N.E.2d 104 (Amsterdam Wrecking & Salvage Co. v. Greater Amsterdam School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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