Legal Opinion
Frink v. Town of Amenia
New York County Courts
Decided September 21, 1977PublishedCited by 9 opinions
1Opinion of the CourtAlbert M. Rosenblatt, J.
This is a motion by the town board for an order dismissing the plaintiff’s complaint for attorney’s fees, on the ground that the plaintiff did not comply with the notice of claim requirements found in section 65 of the Town Law.
In essence, subdivision 3 of section 65 provides that no contract action may be maintained against a town unless a written verified claim is filed within six months after the accrual of a cause of action.
The action at bar was commenced within the six-month period. The question — unique to town law and almost unique to New York municipal law — is whether the…
2Cases cited16 opinions
- In re the Arbitration between the Board of Education & Wager Construction Corp.New York Court of Appeals · 1975
- Boyle v. KelleyNew York Court of Appeals · 1977
- Quintero v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1969
- Smalls v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Nolan v. County of OtsegoAppellate Division of the Supreme Court of the State of New York · 1977
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tetra Technologies, Inc. v. HarterDistrict Court, S.D. New York · 1993
- Lebanon Valley Landscaping, Inc. v. Town of NassauAppellate Division of the Supreme Court of the State of New York · 1993
- Town of Smithtown v. Jet Paper Stock Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Schweigert v. Town of NewfaneAppellate Division of the Supreme Court of the State of New York · 1989
- Montauk-Caribbean Airways, Inc. v. HopeNew York Supreme Court · 1986
4 more not listed; retrieve them via the Exa API.