Appellate Division of the Supreme Court of the State of New York December 28, 1998 (Suburban Restoration Co. v. Wappingers Central School District)

—In an action to recover damages for breach of contract, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Dutchess County (Jiudice, J.), dated December 30, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint for failure to serve a timely notice of claim pursuant to Education Law § 3813 (1), and dismissed the complaint.