37 N.Y.2d 839 (1975)

For the purposes of Education Law § 3813, a claim accrues when damages are ascertainable, not necessarily when the event incurring them occurs.

Summary

This case concerns the timeliness of a notice of claim filed by a superintendent against a Board of Education under Education Law § 3813. The Court of Appeals held that the superintendent’s claim accrued when his damages were ascertainable, which was upon the dismissal of his appeal to the Commissioner of Education and subsequent cessation of salary payments, not when his employment was initially terminated. The court also found the notice of claim timely with respect to a related tort cause of action. This clarifies when the clock starts ticking for filing claims against school districts in New York.

Facts

Norman Scherman was terminated as superintendent by the Board of Education on June 22, 1972. He appealed this decision to the Commissioner of Education, who ordered his reinstatement pending the appeal’s determination. On September 6, 1972, the Commissioner dismissed Scherman’s appeal, and on September 8, the Board appointed a replacement acting superintendent. Scherman served a notice of claim on the Board on November 29, 1972, and subsequently initiated a second action against them.

Procedural History

Scherman initially filed an action against the Board in Supreme Court, which was dismissed for failure to serve the prerequisite notice of claim under Education Law § 3813. He then served a notice of claim and filed the