Practice point: Service of a timely notice of claim is a condition precedent to a claim against a school district on an action alleging breach of contract or promissory estoppel based on a contract.
Practitioners should note that compliance with this condition precedent must be alleged in the complaint.
Case: Boakye-Yiadom v. Roosevelt Union Free School Dist., NY Slip Op 10572 (2d Dept. 2008)
The opinion is here.
Tomorrow’s issue: Motion practice.
