Matter of Town of Islip v. Stoye

Full title: In the Matter of the TOWN OF ISLIP, Appellant, v. CARL B. STOYE, Respondent

Court: Court of Appeals of the State of New York

Date published: Jun 10, 1971

29 N.Y.2d 524 (N.Y. 1971)

324 N.Y.S.2d 79

272 N.E.2d 573

Opinion

Argued May 26, 1971

Decided June 10, 1971

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN P. COHALAN, JR., J.

Burton H. Mars, Town Attorney ( Edward S. Raskin of counsel), for appellant.

Paul E. Fitzmorris for respondent.

Order reversed, without costs, and the order of Special Term reinstated in the following memorandum: Upon respondent's failure to file a claim within six months after his cause of action accrued (Town Law, § 65, subd. 3), his potential right to commence an action terminated; and the time limitation that thereupon became effective to bar his action also foreclosed his right to demand arbitration under the contract (CPLR 7502, subd. [b]).

Concur: Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD and Judge BURKE dissent and vote to affirm on the opinion at the Appellate Division.