This appeal is limited solely to the question of the timeliness of plaintiff's notice of claim (Town Law, § 65, subd 3). As noted by Special Term, no action arising out of a contract may be maintained against a town unless a notice of claim has been filed within six months of the accrual of the cause of action. Here, the notice of claim was filed May 26, 1978. Thus, the cause of action cannot have accrued prior to November 26, 1977, or it is untimely as a matter of law...
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