Wa-Wa-Yanda, Inc. v. Town of Islip

In an action to recover damages for breach of covenants in a lease, defendant appeals from an order of the Supreme Court, Suffolk County, entered March 24, 1965, which granted plaintiff’s motion for summary judgment and directed an assessment of damages. Order reversed, with $10 costs and disbursements; motion denied; and summary judgment granted to defendant. Subdivision 3 of section 65 of the Town Law requires that a notice of claim be filed with the Town Clerk within 6 months after a cause of action arising out of contract has accrued, and that the action must be brought within 18 months…