Florence Development Corp. v. Board of Education

Appellate Division of the Supreme Court of New York

Florence Development Corp. v. Board of Education

81 A.D.2d 855, 439 N.Y.S.2d 40, 1981 N.Y. App. Div. LEXIS 11532

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 11, 1981

StatusPublished

Cited by1 cases

This text of 81 A.D.2d 855 (Florence Development Corp. v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Florence Development Corp. v. Board of Education, 81 A.D.2d 855, 439 N.Y.S.2d 40, 1981 N.Y. App. Div. LEXIS 11532 (N.Y. Ct. App. 1981).

Pincite

Opinion

— Cross appeals by plaintiff and defendant Board of Education from so much of a judgment of the Supreme Court, Richmond County, entered November 15, 1979, as, after a nonjury trial, awarded plaintiff $126,614.46, plus interest and costs. Cross appeal by plaintiff dismissed; it was not properly perfected. Upon the appeal by the board, judgment reversed insofar as appealed from, on the law, with costs, and complaint dismissed as against the board. Plaintiff’s failure to serve a notice of claim upon the defendant Board of Education pursuant to subdivision 1 of section 3813 of the Education Law, necessitates dismissal of the action (see Crescent Elec. Installation Corp. v Board of Educ., 50 NY2d 780). This court’s prior determination in this case that the complaint states a cause of action (Florence Dev. Corp. v Board of Educ., 52 AD2d 836) cannot be construed so as to permit the complaint to stand notwithstanding the failure to comply with the Education Law, for that issue was not raised in the prior appeal. Mangano, J.P., Rabin, Gulotta and Weinstein, JJ., concur.

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— Cross appeals by plaintiff and defendant Board of Education from so much of a judgment of the Supreme Court, Richmond County, entered November 15, 1979, as, after a nonjury trial, awarded plaintiff $126,614.46, plus interest and costs. Cross appeal by plaintiff dismissed; it was not properly perfected. Upon the appeal by the board, judgment reversed insofar as appealed from, on the law, with costs, and complaint dismissed as against the board. Plaintiff’s failure to serve a notice of claim upon the defendant Board of Education pursuant to subdivision 1 of section 3813 of the Education Law, necessitates dismissal of the action (see Crescent Elec. Installation Corp. v Board of Educ., 50 NY2d 780). This court’s prior determination in this case that the complaint states a cause of action (Florence Dev. Corp. v Board of Educ., 52 AD2d 836) cannot be construed so as to permit the complaint to stand notwithstanding the failure to comply with the Education Law, for that issue was not raised in the prior appeal. Mangano, J.P., Rabin, Gulotta and Weinstein, JJ., concur.

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Bluebook (online)

81 A.D.2d 855, 439 N.Y.S.2d 40, 1981 N.Y. App. Div. LEXIS 11532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florence-development-corp-v-board-of-education-nyappdiv-1981.

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