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EUGENE RACANELLI, INC. v. INCORPORATED VILLAGE OF BABYLON

2010-09611.

92 A.D.3d 635 (2012)

938 N.Y.S.2d 192

2012 NY Slip Op 927

EUGENE RACANELLI, INC., et al., Appellants, v. INCORPORATED VILLAGE OF BABYLON et al., Respondents.

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

Decided February 7, 2012.

Ordered that the order is affirmed, with costs.

Under CPLR 9802, "no action shall be maintained against the village upon or arising out of a contract of the village unless the same shall be commenced within eighteen months after the cause of action therefor shall have accrued, nor unless a written verified claim shall have been filed with the village clerk within one year after the cause of action shall have accrued." Further, CPLR 9802 provides, "no other action...

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