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WHALEN v. REISMAN

298 A.D.2d 455 (2002)

748 N.Y.S.2d 281

GREGORY T. WHALEN, Appellant, v. HERBERT REISMAN, et al., Respondents.

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

Decided October 15, 2002.

Ordered that the judgment is affirmed, with costs.

Town Law § 65 (3) provides that no action upon or arising from a contract may be brought against a town, unless a written verified notice of claim is filed with the town within six months after accrual of the cause of action. The appellant's failure to file a notice of claim thus compels dismissal of this action (see Davis-Wallbridge, Inc. v City of Syracuse, 71 N.Y.2d 842<...

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