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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
CourtNew York Court of Appeals
DecidedJune 10, 1971
StatusPublished
Cited by2 cases

This text of 272 N.E.2d 573 (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.

Bluebook
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).

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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Related

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16 A.D.3d 417 (Appellate Division of the Supreme Court of New York, 2005)
MATTER OF TOWN OF ISLIP v. Stoye
272 N.E.2d 573 (New York Court of Appeals, 1971)

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Bluebook (online)
272 N.E.2d 573, 29 N.Y.2d 524, 324 N.Y.S.2d 79, 1971 N.Y. LEXIS 1196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-islip-v-stoye-ny-1971.