Home/New York Court of Appeals/Public Improvements, Inc. v. Board of Education

Public Improvements, Inc. v. Board of Education

438 N.E.2d 876, 56 N.Y.2d 850, 453 N.Y.S.2d 170, 1982 N.Y. LEXIS 3474
CourtNew York Court of Appeals
DecidedJune 8, 1982
StatusPublished
Cited by35 cases

This text of 438 N.E.2d 876 (Public Improvements, Inc. v. Board of Education) 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.

Bluebook
Public Improvements, Inc. v. Board of Education, 438 N.E.2d 876, 56 N.Y.2d 850, 453 N.Y.S.2d 170, 1982 N.Y. LEXIS 3474 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (81 AD2d 537). We but add that estoppel is unavailable against a public agency (see Matter of Hamptons Hosp. & Med. Center v Moore, 52 NY2d 88; see, also, Matter of Bloomberg-Dubin v Board of Educ., 82 AD2d 854, affd 56 NY2d 555). And, as we have recently had occasion to reiterate, in the absence of an affirmative agreement to the contrary, of which there is no indication here, compliance with the provisions of section 3813 of the Education Law is a “condition precedent” to the commencement of an action against any school district or board of education (cf. Matter of Geneseo Cent. School [Perfetto & Whalen Constr. Corp.], 53 NY2d 306, 311, citing Matter of Board of Educ. [Wager Constr. Corp.], 37 NY2d 283, 288).

[853]*853Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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

Related

Morning v. Board of Education of the City School District
28 Misc. 3d 653 (New York Supreme Court, 2010)
Power Cooling, Inc. v. Board of Education
48 A.D.3d 536 (Appellate Division of the Supreme Court of New York, 2008)
Suburban Restoration Co. v. Wappingers Central School District
256 A.D.2d 572 (Appellate Division of the Supreme Court of New York, 1998)
United States v. Schmitt
999 F. Supp. 317 (E.D. New York, 1998)
Montella v. Bratton
248 A.D.2d 134 (Appellate Division of the Supreme Court of New York, 1998)
Legal Aid Society v. City of New York
242 A.D.2d 423 (Appellate Division of the Supreme Court of New York, 1997)
Grossman v. Town of Southampton
170 Misc. 2d 822 (New York Supreme Court, 1996)
Prote Contracting Co. v. Board of Education
198 A.D.2d 418 (Appellate Division of the Supreme Court of New York, 1993)
Jackson v. Triborough Bridge & Tunnel Authority
155 Misc. 2d 715 (New York Supreme Court, 1992)
Grishman v. City of New York
183 A.D.2d 464 (Appellate Division of the Supreme Court of New York, 1992)
Fordock v. City of Syracuse
153 Misc. 2d 130 (New York Supreme Court, 1992)
G.A. Contractors, Inc. v. Board of Education
176 A.D.2d 856 (Appellate Division of the Supreme Court of New York, 1991)
William J. Thomann, Inc. v. Auburn Enlarged City School District
176 A.D.2d 1235 (Appellate Division of the Supreme Court of New York, 1991)
American Tel. & Tel. v. NYC DEPT. OF HUMAN RES.
736 F. Supp. 496 (S.D. New York, 1990)
American Telephone & Telegraph Co v. New York City Department of Human Resources
736 F. Supp. 496 (S.D. New York, 1990)
Castagna & Son, Inc. v. Board of Education
151 A.D.2d 392 (Appellate Division of the Supreme Court of New York, 1989)
Philson Painting Co. v. Board of Education
133 A.D.2d 619 (Appellate Division of the Supreme Court of New York, 1987)
Page v. Macchiarola
126 A.D.2d 713 (Appellate Division of the Supreme Court of New York, 1987)
Grand Island Central School District v. Transcom Equipment Corp.
128 Misc. 2d 858 (New York Supreme Court, 1985)
Klejmont v. Washingtonville Central School District
110 A.D.2d 885 (Appellate Division of the Supreme Court of New York, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
438 N.E.2d 876, 56 N.Y.2d 850, 453 N.Y.S.2d 170, 1982 N.Y. LEXIS 3474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-improvements-inc-v-board-of-education-ny-1982.