McCulloch v. Town of Milan Town Board

The Supreme Court properly granted those branches of the defendants’ motion which were to dismiss the complaint for *735failure to serve a timely notice of claim as required by Town Law § 65 (3) and as time-barred. Pursuant to Town Law § 65 (3), no action shall be maintained against a town “ ‘upon or arising out of a contract entered into by the town unless ... a written verified claim shall have been filed with the town clerk within six months after the cause of action shall have accrued’ ” (McCulloch v Town of Milan, 74 AD3d 1034, 1035 [2010], quoting Town Law § 65 [3]). “The filing of a notice…