TOWN OF SMITHTOWN v. JET PAPER STOCK CORP.


179 A.D.2d 634 (1992)

Town of Smithtown, Appellant, v. Jet Paper Stock Corp., Respondent

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

January 13, 1992


Ordered that the order is affirmed insofar as appealed from, with costs.

The court properly denied that branch of the motion of the plaintiff Town which was to dismiss the defendant's counterclaims based upon a failure to file a notice of claim and properly granted the defendant leave to serve a late notice of claim and an amended answer. Although a number of disputes arose between the parties in connection with the performance of contracts to remove recyclable materials...

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