Ronald H. Laberge, P. C. v. Town of Inlet

Appeal from an order of the Supreme Court at Special Term, entered May 19, 1980 in Hamilton County, which denied defendant’s motion for summary judgment. This appeal is limited solely to the question of the timeliness of plaintiff’s notice of claim (Town Law, § 65, subd 3). As noted by Special Term, no action arising out of a contract may be maintained against a town unless a notice of claim has been filed within six months of the accrual of the cause of action. Here, the notice of claim was filed May 26, 1978. Thus, the cause of action cannot have accrued prior to November 26, 1977, or it is…