Schacker Real Estate Corp. v. Town of Babylon

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated December 14, 1999, which granted the plaintiff’s motion for leave to file an amended verified complaint pursuant to CPLR 3025, and denied their cross motion to dismiss the complaint on the ground that the plaintiff failed to file a timely notice of claim pursuant to Town Law § 65 (3).

Ordered that the order is affirmed, with costs.

Town Law § 65 (3) provides that an action against a town *222arising out of a contract dispute must be…