Town of Philipstown v. Garrison Contracting, Inc.

In an action for injunctive relief, the plaintiff appeals from an order of the Supreme Court, Putnam County (Nicolai, J.), dated July 8, 2010, which denied its motion pursuant to CPLR 3211 to dismiss the defendant’s counterclaims.

Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion pursuant to CPLR 3211 to dismiss the defendant’s counterclaims is granted.

The counterclaims asserted by the defendant required, as a condition precedent, a timely served notice of claim pursuant to General Municipal Law § 50-e (see Dixon v City of New York, 76 AD3d 1043, 1044…