DELAWARE CORP v. ALDEN


106 Misc.2d 186 (1980)

Delaware American Corporation, Plaintiff, v. Village of Alden, Defendant.

Supreme Court, Erie County.

July 8, 1980


Attorney(s) appearing for the Case

Miller, Bouvier, O'Connor & Cegielski for defendant. Goldstein & Malin (Irwin E. Ginsberg of counsel), for plaintiff.


JOSEPH J. SEDITA, J.

This is a motion for summary judgment on the grounds that the plaintiff failed, pursuant to CPLR 9802, to give notice to the defendant of its claim against said defendant within the time limit set forth in the law.

This matter arises out of a dispute over a public works contract between plaintiff and the defendant village. In June of 1978, the relationship ended and the question of who "breached" this contract is in dispute...

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