Town of Islip v. Stoye

New York Court of Appeals

Town of Islip v. Stoye

272 N.E.2d 573, 29 N.Y.2d 524, 324 N.Y.S.2d 79, 1971 N.Y. LEXIS 1196

New York Court of Appeals·Decided June 10, 1971·Published·Cited by 2 cases

Opinion

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 com[526]*526menee 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.

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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 com[526]*526menee 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.

Town of Islip v. Stoye, 272 N.E.2d 573, 29 N.Y.2d 524, 324 N.Y.S.2d 79, 1971 N.Y. LEXIS 1196 (N.Y. 1971).

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Opinion

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