# Levert v. Central School District No. 6

> New York Supreme Court · August 4, 1960 · 24 Misc. 2d 832

URL: https://www.frixlaw.com/law-library/cases/6174758

## Case

- **Full name:** Albert M. Levert v. Central School District No. 6, Town of Huntington
- **Court:** New York Supreme Court
- **Decided:** August 4, 1960
- **Citations:** 24 Misc. 2d 832; 204 N.Y.S.2d 5; 1960 N.Y. Misc. LEXIS 2614
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Pittont
- **Judges:** Pittont
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6174758

## Opinion text

Mario Pittont, J.
Motion for leave to serve a supplemental answer denied.
Ordinarily the merits of the proposed pleading are not considered on a motion of this type, but where it clearly appears that the amendment is without merit permission to amend will be denied (see Brancato v. Ambrosio, 8 Misc 2d 735 ; Hasen v. Apsel, 17 Misc 2d 858 ). Here, the defendant in the proposed supplemental answer intends to plead as a bar to the action the failure to comply with the requirement of section 3813 of the Education Law that a written verified claim he submitted before an action may be commenced. But it is obvious that the requirements of section 3813 do not apply to an action for a declaratory judgment respecting the alleged continuous violation by the defendant of section 1805 of the Education Law. As subdivision 1 of section 3813 reveals, it is claims which the school district or board of education has the power u to adjust or to pay ” that must be filed. (See Matter of Randall v. Hoff, 4 Misc 2d 376 ; cf. Grant v. Town of Kirkland, 10 A D 2d 474.) Settlement of the present controversy may not be made by payment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6174758. Public record. Not legal advice.