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SOLOW v. INCORPORATED VILLAGE OF EAST HAMPTON

285 A.D.2d 543 (2001)

727 N.Y.S.2d 907

SHELDON H. SOLOW, Appellant, v. INCORPORATED VILLAGE OF EAST HAMPTON et al., Respondents.

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

Decided July 16, 2001.

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

CPLR 9802 provides, in pertinent part, that "no other action shall be maintained against [a] village unless the same shall be commenced within one year after the cause of action therefor shall have accrued, nor unless a notice of claim shall have been made and served in compliance with section fifty-e of the general municipal law." In commencing the instant action, the plaintiff relied upon a...

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