(DOWNLOAD) "Public Improvements v. Board Education City New York" by Court of Appeals of New York ~ Book PDF Kindle ePub Free

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Title: Public Improvements v. Board Education City New York
Author : Court of Appeals of New York
Release Date : January 08, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

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Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (81 A.D.2d 537). We but add that estoppel is unavailable against a public agency (see Matter of Hamptons Hosp. & Med. Center v Moore, 52 N.Y.2d 88; see, also, Matter of Bloomberg-Dubin v Board of Educ., 82 A.D.2d 854, affd 56 N.Y.2d 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 N.Y.2d 306, 311, citing Matter of Board of Educ. [ Wager Constr. Corp.], 37 N.Y.2d 283, 288).