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McCULLOCH v. TOWN OF MILAN TOWN BOARD

2011-03605.

92 A.D.3d 734 (2012)

938 N.Y.S.2d 454

2012 NY Slip Op 1220

CARMEN OTERO McCULLOCH, Appellant, v. TOWN OF MILAN TOWN BOARD et al., Respondents.

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

Decided February 14, 2012.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted those branches of the defendants' motion which were to dismiss the complaint for failure to serve a timely notice of claim as required by Town Law § 65 (3) and as time-barred. Pursuant to Town Law § 65 (3), no action shall be maintained against a town "`upon or arising out of a contract entered into by the town unless ... a written...

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