Ayvee Construction Co. v. Village of New Paltz

Appeal from an order of the Supreme Court at Special Term, entered December 4,1979 in Ulster County, which dismissed the complaint herein because of plaintiff’s failure to serve a verified notice of claim upon defendant Village of New Paltz as required by CPLR 9802. In 1977, plaintiff Ayvee Construction Company entered into a contract with defendant Village of New Paltz whereby plaintiff was to perform the work involved in replacing and installing sanitary sewer lines in the Village of New Paltz. It is uncontested that all of plaintiff’s work under the contract was completed no later than…