Public Improvements, Inc. v. Board of Education

Majority

p. 850

Public Improvements, Inc., Appellant, v Board of Education of the City of New York (P.S. 72, Bronx), Respondent.

Argued May 3, 1982;

decided June 8, 1982

p. 852

APPEARANCES OF COUNSEL

Alan Levy and Franklin E. Tretter for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (John F. Grubin and John P. McCahey of counsel), for respondent.

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).

p. 853

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

Order affirmed, with costs, in a memorandum.

Cases cited

Public Improvements, Inc. v. Board of Education 81 AD2d 537 N.Y. App. Div. 1981-04-21 p. 852
Hamptons Hospital & Medical Center, Inc. v. Moore 52 NY2d 88 N.Y. 1981-01-15 p. 852
Bloomberg-Dubin v. Board of Education of City of New York 82 AD2d 854 N.Y. App. Div. 1981-06-15 p. 852
Bloomberg-Dubin v. Board of Education 56 NY2d 555 N.Y. 1982-03-25 p. 852
In re the Arbitration between Geneseo Central School & Perfetto & Whalen Construction Corp. 53 NY2d 306 N.Y. 1981-06-18 at 311 p. 852
In re the Arbitration between the Board of Education & Wager Construction Corp. 37 NY2d 283 N.Y. 1975-07-02 at 288 p. 852