Salesian Society, Inc. v. Village of Ellenville

We hold that under the peculiar circumstances of this case the failure to timely serve and file a notice of claim on the Village of Ellenville as required by former section 341-b of the Village Law was not a bar to the plaintiff’s recovery in this action brought to determine title to real property under article 15 of the Real Property Actions and Proceedings Law.

The dispute centers on the correct location of a boundary line separating contiguous parcels owned by the plaintiff and the village. It was plaintiff’s position that, since a time almost 10 years prior to the commencement of the…