AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

MORRIS S. HERMELE, Appellant, v. UNION FREE SCHOOL DISTRICT NO. 23 et al., Respondents.

Ordered that the order is affirmed insofar as appealed from, with costs.

By demanding money damages, the plaintiff sought resolution of a private dispute and not the vindication of an important public right. Accordingly, the "public interest exception" to the notice requirement of Education Law § 3813 was inapplicable and the Supreme Court properly dismissed those causes of action which sought to recover damages based upon the plaintiff's admitted failure to comply with the notice requirement (see, 423 S. Salina St. v. City of Syracuse, 68 N.Y.2d 474, 493, cert. denied 481 U.S. 1008; Mills v. County of Monroe, 59 N.Y.2d 307, cert. denied 464 U.S. 1018; Matter of Vail v. Board of Coop. Educ. Servs., 115 A.D.2d 231). Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.

Use AI to get other relevant cases.

Comments

HERMELE v. UNION FREE SCHOOL DISTRICT NO. 23
(Nov 26, 1990)