SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 23, 1969
LATHRON, INC., RESPONDENT,
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).
Order unanimously reversed, motion granted and complaint dismissed, all without costs.
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