Schweigert v. Town of Newfane

Judgment unanimously affirmed without costs. Memorandum: Town Law § 65 (3) provides in pertinent part that "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, but no such action shall be brought upon any such claim until forty days have elapsed after the filing of the claim in the office of the town clerk.”

Concededly, plaintiff did not serve a notice of claim, but did *996commence an action within six…