Opinion
May 6, 1996
Appeal from the Supreme Court, Suffolk County (Newmark, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion to dismiss the complaint is denied.
The plaintiff entered into a written contract with the defendant pursuant to which the plaintiff agreed to repair certain sewers. Upon completing the work, the plaintiff demanded payment by letter and a claim voucher, both dated December 10, 1991. The defendant never responded to the plaintiff's demand. Consequently, the plaintiff filed a notice of claim pursuant to Town Law § 65 (3) on June 22, 1992.
The plaintiff's notice of claim was timely filed under Town Law § 65 (3). That section requires, inter alia, that a notice of claim be filed within six months after a cause of action accrues. A contractor's cause of action accrues when it should have viewed its claim as actually or constructively rejected ( see, Town of Saugerties v. Employer's Ins., 743 F. Supp. 112; Arnell Constr. Corp. v. Village of N. Tarrytown, 100 A.D.2d 562; Memphis Constr. v. Village of Moravia, 59 A.D.2d 646; see also, City of New York v State of New York, 40 N.Y.2d 659). We do not view the plaintiff's filing of its notice of claim on June 22, 1992, as untimely, as the plaintiff could reasonably have concluded that the defendant had not actually or constructively rejected its claim more than six months prior to this date.
The defendant's remaining contentions are without merit. Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.