Mohl v. Town of Riverhead
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated October 16, 2008, as denied their motion to dismiss the complaint pursuant to CPLR 3211 and Town Law § 65 (3) for failure to file a timely notice of claim.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 and Town Law § 65 (3) is granted.
Under Town Law § 65, “no action shall be…
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