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LATHRON v. VILLAGE LE ROY (10/23/69)

October 23, 1969

LATHRON, INC., RESPONDENT,
v.
VILLAGE OF LE ROY, APPELLANT



Appeal from order of Genesee Special Term denying motion to dismiss complaint in action on construction contract.

Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Moule, JJ.

Memorandum: The record clearly shows a lack of compliance with the requirements of section 341-b of the Village Law. It is abundantly clear that plaintiff's cause of action, spelled out and limited by its bill of particulars, accrued no later than 1964. (Kinner v. Board of Educ. Cent. School Dist. No. 1, 6 A.D.2d 204, affd. 9 N.Y.2d 845.) Thus the 1967 filing of the claim and subsequent commencement of the action were not timely. (See Northampton Constr. Corp. v. Village of Ocean Beach, 8 A.D.2d 979; Municipal Serv. Co. v. Town of Colonie, 12 A.D.2d 22, app. dsmd. 9 N.Y.2d 753).

Disposition

Order unanimously reversed, motion granted and complaint dismissed, all without costs.

19691023

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