Town of Smithtown v. Jet Paper Stock Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The court properly denied that branch of the motion of the plaintiff Town which was to dismiss the defendant’s counterclaims based upon a failure to file a notice of claim and properly granted the defendant leave to serve a late notice of claim and an amended answer. Although a number of disputes arose between the parties in connection with the performance of contracts to remove recyclable materials from the Town’s facility, the defendant continued to remove materials from the Town and the parties negotiated in an effort to resolve their differences. It was not until negotiations broke down…
2Cases cited9 opinions
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Byram River v. Village of Port Chester, New YorkDistrict Court, S.D. New York · 1975
- Aqua Dredge, Inc. v. Little Harbor Sound Civic Improvement Ass'nAppellate Division of the Supreme Court of the State of New York · 1985
- Kartiganer Associates, P. C. v. Town of NewburghAppellate Division of the Supreme Court of the State of New York · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Conquest Cleaning Corp. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- Hartsdale Fire District v. Eastland Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- East Coast Resources, LLC v. Town of HempsteadDistrict Court, E.D. New York · 2010
- Lebanon Valley Landscaping, Inc. v. Town of NassauAppellate Division of the Supreme Court of the State of New York · 1993
- ADC Contracting & Construction, Inc. v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.