Majority
p. 828Amsterdam Wrecking & Salvage Co., Appellant, v Greater Amsterdam School District, Respondent. Argued May 3, 1982; decided June 8, 1982
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APPEARANCES OF COUNSEL
James A. Lombardo and Richard T. Horigan for appellant.
William Mycek and John J. Mycek for respondent.
OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 83 AD2d 654 ; see, also, Public Improvements v Board of Educ., 56 NY2d 850 ). Moreover, unlike Salesian Soc. v Village of Ellenville ( 41 NY2d 521 ) where the village, neither at trial nor before the Appellate Division, ever raised the matter of the plaintiff’s
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failure to timely serve and file a notice of claim pursuant to former section 341-b of the Village Law, here the school district promptly moved to dismiss the action for failure to file a timely notice of claim.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.