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Perritano v. Town of Mamaroneck

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 443 (N.Y. App. Div. 1991)

Opinion

February 4, 1991

Appeal from the Supreme Court, Westchester County (Nastasi, J.).


Ordered that the order is affirmed, with costs.

The plaintiff failed to file a verified notice of claim with the Town Clerk of the Town of Mamaroneck in accordance with Town Law § 65 (3) within six months after accrual of his cause of action against the Town for breach of contract. Since the courts lack authority to disregard the lack of verification of a notice of claim against a town based on a contractual dispute (see, Aqua Dredge v Little Harbor Sound Civic Improvement Assn., 114 A.D.2d 825), the plaintiff's unverified letters of January 6, 1982, and January 19, 1982, notifying the Chief of Police and Town Board of his claim, do not substantially comply with Town Law § 65 (3). Brown, J.P., Balletta, Rosenblatt and Ritter, JJ., concur.


Summaries of

Perritano v. Town of Mamaroneck

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 443 (N.Y. App. Div. 1991)
Case details for

Perritano v. Town of Mamaroneck

Case Details

Full title:RALPH PERRITANO, Appellant, v. TOWN OF MAMARONECK et al., Respondents

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

Date published: Feb 4, 1991

Citations

170 A.D.2d 443 (N.Y. App. Div. 1991)

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