AMITYVILLE DEV. CORP. v. TOWN OF BABYLON


30 A.D.2d 962 (1968)

Amityville Development Corp., Appellant, v. Town of Babylon, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 7, 1968


Reversed, on the law, with $10 costs and disbursements; plaintiff's motion granted; and defendant's cross motion denied. No questions of fact were considered on this appeal.

In our opinion the cause of action pleaded in the complaint accrued at the earliest on April 4, 1967, when the defendant town first refused to pay for one of the items claimed (cf. Edlux Constr. Corp. v. State of New York, 252 App. Div. 373, 374-375; Rason Asphalt v. Town of Oyster Bay...

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