Order reversed, on the law, with $10 costs and disbursements, and proceeding dismissed on the merits. The findings of fact are affirmed.
The application for a stay was made on the ground that appellant had failed to comply with subdivision 3 of section 65 of the Town Law. That statute provides that "no action shall be maintained against a town upon or arising out of a contract entered into by the town unless the same shall be commenced within eighteen months after...
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