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FOURTH OCEAN v. INTERSTATE

66 N.Y.2d 38 (1985)

Fourth Ocean Putnam Corp., Appellant, v. Interstate Wrecking Co., Inc. et al., Respondents.

Court of Appeals of the State of New York.

Decided October 15, 1985.

Attorney(s) appearing for the Case

A. Thomas Levin for appellant.

Joseph Winston for Interstate Wrecking Co., Inc., respondent.

Frank L. Amoroso for Incorporated Village of Atlantic Beach, respondent.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEYER, J.

An action brought by a property owner claiming to be the third-party beneficiary of a contract between a wrecking company, as promisor, and a municipality, as promisee, is an action "arising out of a contract" of the municipality within the meaning of CPLR 9802 and, no notice of claim having been filed until four years after completion of the contract, is barred as to the municipality by that section...

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