Order unanimously affirmed, without costs, in accordance with the following memorandum: The complaint herein was properly dismissed. Plaintiffs failed to commence the action within the 18-month period governing contract actions against a village (CPLR 9802). While it is true that in a proper case a municipality may be estopped from asserting a Statute of Limitations defense (Bender v New York City Health & Hosps. Corp.,
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ELMER v. VILL. OF HONEOYE FALLS
100 A.D.2d 734 (1984)
Basil T. Elmer, Jr., et al., Appellants, v. Village of Honeoye Falls, Respondent
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
March 6, 1984
March 6, 1984
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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