Elmont Fire District v. Lapeka Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a proceeding pursuant to CPLR 7503 (b) to permanently stay arbitration of a breach of contract claim, Lapeka Construction Corp. appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Kutner, J.), dated June 26, 1995, as granted the application.
Ordered that the order is affirmed insofar as appealed from, with costs.
Town Law § 180 provides that "[n]o action shall be maintained against a fire district upon or arising out of a contract entered into by the fire district * * * unless a written verified claim shall have been filed with the fire district…
2Cases cited10 opinions
- Aqua Dredge, Inc. v. Little Harbor Sound Civic Improvement Ass'nAppellate Division of the Supreme Court of the State of New York · 1985
- Franza's Universal Scrap Metal, Inc. v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1982
- County of Rockland v. Town of OrangetownAppellate Division of the Supreme Court of the State of New York · 1993
- Wa-Wa Yanda, Inc. v. Town of IslipNew York Court of Appeals · 1968
- Wa-Wa-Yanda, Inc. v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1966
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hartsdale Fire District v. Eastland Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Lakeland Fire District v. East Area General Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Shade Tree Contracting, Inc. v. Hicksville Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2000
- Custom Crafted Mgt. Solutions, Inc. v. Elmont Fire Dist.Appellate Division of the Supreme Court of the State of New York · 2025
- Hartsdale Fire District v. Eastland Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
2 more not listed; retrieve them via the Exa API.