Opinion
November 26, 1990
Appeal from the Supreme Court, Nassau County (Burke, J.).
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.