MATTER OF TOWN OF ISLIP v. Stoye
This text of 272 N.E.2d 573 (MATTER OF TOWN OF ISLIP v. Stoye) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the Matter of the Town of Islip, Appellant,
v.
Carl B. Stoye, Respondent.
Court of Appeals of the State of New York.
Burton H. Mars, Town Attorney (Edward S. Raskin of counsel), for appellant.
Paul E. Fitzmorris for respondent.
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.
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 *526 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]).
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272 N.E.2d 573, 29 N.Y.2d 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-town-of-islip-v-stoye-ny-1971.