Franza's Universal Scrap Metal, Inc. v. Town of Islip

In a breach of contract action, defendant appeals from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), dated June 11, 1981, as, in effect, denied defendant’s cross motion to dismiss the action because of plaintiff’s failure to serve a notice of claim against it pursuant to the requirements of subdivision 3 of section 65 of the Town Law and extended plaintiff’s time within which to file said notice of claim. Order reversed insofar as appealed from, on the law, without costs or disbursements, and cross motion granted. The plaintiff entered into a contract with the…