Delaware American Corp. v. Village of Alden

OPINION OF THE COURT

Joseph J. Sedita, J.

This is a motion for summary judgment on the grounds that the plaintiff failed, pursuant to CPLR 9802, to give notice to the defendant of its claim against said defendant within the time limit set forth in the law.

This matter arises out of a dispute over a public works contract between plaintiff and the defendant village. In June of 1978, the relationship ended and the question of who “breached” this contract is in dispute. On August 22, 1978, the plaintiff herein filed a notice of mechanic’s lien with the village clerk. Said notice alleges that…