REUTER v. TOWN OF BABYLON


40 A.D.2d 710 (1972)

Frederick H. Reuter, Doing Business as McCrosky-Reuter, Appellant, v. Town of Babylon, Respondent

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

October 24, 1972


Order reversed, with $20 costs and disbursements, and motion remanded to Special Term for a hearing and a new determination, in accordance with the views set forth herein.

The action was commenced in December, 1971. Special Term, by the order under review, dismissed the action as untimely brought. Subdivision 3 of section 65 of the Town Law provides in part that no action shall be maintained against a town upon a contract...

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