Home/Appellate Division of the Supreme Court of New York/Murray v. LeRoy Central School District

Murray v. LeRoy Central School District

112 A.D.2d 715, 492 N.Y.S.2d 203, 1985 N.Y. App. Div. LEXIS 56223
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 12, 1985
StatusPublished

This text of 112 A.D.2d 715 (Murray v. LeRoy Central School District) 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
Murray v. LeRoy Central School District, 112 A.D.2d 715, 492 N.Y.S.2d 203, 1985 N.Y. App. Div. LEXIS 56223 (N.Y. Ct. App. 1985).

Opinions

Order affirmed, without costs. Memorandum: Plaintiff, an architect, appeals from the dismissal of his complaint in this action to recover $25,350 allegedly owed to him by defendants for work performed on and prior to November 29, 1973. We agree with defendants’ [716]*716position that the complaint is defective because it does not allege that plaintiff presented a notice of claim in compliance with Education Law § 3813. In fact, no notice of claim was ever presented. The unverified invoice presented by plaintiff, which did not purport to be a claim for the amount now sought, was lacking in detail and virtually indistinguishable from a number of other invoices presented by plaintiff throughout his professional relationship with defendants, and this did not sufficiently inform defendants of the claim and does not constitute substantial compliance with the notice requirement (see generally, Parochial Bus Sys. v Board of Educ., 60 NY2d 539, 547-548).

All concur, except Callahan, J., who dissents and votes to reverse and deny the motion, in the following memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Teresta v. City of New York
108 N.E.2d 397 (New York Court of Appeals, 1952)
In re the Arbitration between Baker & Board of Education
309 N.Y. 551 (New York Court of Appeals, 1956)
P. J. Panzeca, Inc. v. Board of Education
272 N.E.2d 488 (New York Court of Appeals, 1971)
In re the Arbitration between the Board of Education & Wager Construction Corp.
333 N.E.2d 353 (New York Court of Appeals, 1975)
Serravillo v. New York City Transit Authority
366 N.E.2d 1360 (New York Court of Appeals, 1977)
Parochial Bus Systems, Inc. v. Board of Education
458 N.E.2d 1241 (New York Court of Appeals, 1983)
Boutelle v. Central School District No. 1
2 A.D.2d 925 (Appellate Division of the Supreme Court of New York, 1956)
McCullough v. Board of Education of Ramapo Central School District No. 2
11 A.D.2d 740 (Appellate Division of the Supreme Court of New York, 1960)
Serravillo v. New York City Transit Authority
51 A.D.2d 1027 (Appellate Division of the Supreme Court of New York, 1976)
Cordani v. Board of Education of the Hempstead School District No. 1
66 A.D.2d 780 (Appellate Division of the Supreme Court of New York, 1978)
Carthage Central School District No. 1 v. Reddick & Sons of Gouverneur, Inc.
67 A.D.2d 808 (Appellate Division of the Supreme Court of New York, 1979)
Belluardo v. Board of Education
68 A.D.2d 887 (Appellate Division of the Supreme Court of New York, 1979)
Board of Education v. Ambach
69 A.D.2d 949 (Appellate Division of the Supreme Court of New York, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
112 A.D.2d 715, 492 N.Y.S.2d 203, 1985 N.Y. App. Div. LEXIS 56223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-leroy-central-school-district-nyappdiv-1985.