Legal Opinion
Breco Environmental Contractors v. Town of Smithtown
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 2006PublishedCited by 7 opinions
1Opinion of the Court
In seven related actions, inter alia, to recover damages for breach of contract, the Town of Smithtown, the defendant in action No. 6, appeals from so much of an order of the Supreme Court, Suffolk County (Burke, J.), dated August 19, 2005, as denied its motion for summary judgment dismissing the complaint in action No. 6 on the ground that the plaintiff failed to serve a properly verified notice of claim and thereby failed to comply with a condition precedent for the action set forth in Town Law § 65 (3).
*360Ordered that the order is affirmed insofar as appealed from, with costs.
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2Cases cited3 opinions
- Boyce v. VazquezAppellate Division of the Supreme Court of the State of New York · 1998
- Williams v. O & Y Concord 60 Broad Street Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Surdo v. Albany Collision Supply, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by7 opinions
- Yefet v. ShalmoniAppellate Division of the Supreme Court of the State of New York · 2011
- Nye v. Putnam Nursing & Rehabilitation CenterAppellate Division of the Supreme Court of the State of New York · 2009
- Pollina v. Oakland's Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Natale v. WoodcockAppellate Division of the Supreme Court of the State of New York · 2006
- Rizzo v. MoseleyAppellate Division of the Supreme Court of the State of New York · 2010
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