Opinion
2001-10934
Submitted September 19, 2002.
October 15, 2002.
In an action, inter alia, for specific performance of a collective bargaining agreement, the plaintiff appeals from a judgment of the Supreme Court, Rockland County (O'Rourke, J.), entered November 8, 2001, which, upon a stipulated statement of facts in lieu of trial, dismissed the complaint.
Schlachter Mauro, Commack, N.Y. (Reynold A. Mauro of counsel), for appellant.
Alan M. Simon, Town Attorney, Suffern, N.Y. (Janice Gittelman of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed, with costs.
Town Law § 65(3) provides that no action upon or arising from a contract may be brought against a town, unless a written verified notice of claim is filed with the town within six months after accrual of the cause of action. The appellant's failure to file a notice of claim thus compels dismissal of this action (see Davis-Wallbridge, Inc., v. City of Syracuse, 71 N.Y.2d 842; Matrisciano v. Board of Educ. of City School Dist. of Long Beach, 263 A.D.2d 472; Matter of Stevens v. Board of Educ. of McGraw Cent. School Dist., 261 A.D.2d 698).
In light of our determination, we need not reach the parties' remaining contentions.
ALTMAN, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.