Hayden v. Comsewogue Union Free School District No. 3

New York Court of Appeals

Hayden v. Comsewogue Union Free School District No. 3

432 N.E.2d 597, 55 N.Y.2d 840, 447 N.Y.S.2d 704, 1982 N.Y. LEXIS 3050

New York Court of Appeals·Decided January 12, 1982·Published·Cited by 4 cases

Opinion

OPINION OF THE COURT

On summary consideration, judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs. The notice of claim provision of section 3813 of the Education Law is applicable to this action to enforce provisions of a collective bargaining agreement. The claims accrued for purposes of this section, when the damages became ascertainable, i.e., at the end of each year in which plaintiffs were contractually entitled to longevity payments (Matter of Board of Educ. [Wager Constr. Corp.], 37 NY2d 283, 290).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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OPINION OF THE COURT

On summary consideration, judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs. The notice of claim provision of section 3813 of the Education Law is applicable to this action to enforce provisions of a collective bargaining agreement. The claims accrued for purposes of this section, when the damages became ascertainable, i.e., at the end of each year in which plaintiffs were contractually entitled to longevity payments (Matter of Board of Educ. [Wager Constr. Corp.], 37 NY2d 283, 290).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Hayden v. Comsewogue Union Free School District No. 3, 432 N.E.2d 597, 55 N.Y.2d 840, 447 N.Y.S.2d 704, 1982 N.Y. LEXIS 3050 (N.Y. 1982).

Pincite

432 N.E.2d 597 (Hayden v. Comsewogue Union Free School District No. 3) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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