Appellate Division of the Supreme Court of the State of New York February 14, 2012 (McCulloch v. Town of Milan Town Board)

The Supreme Court properly granted those branches of the defendants’ motion which were to dismiss the complaint for *735failure to serve a timely notice of claim as required by Town Law § 65 (3) and as time-barred. Pursuant to Town Law § 65 (3), no action shall be maintained against a town “ ‘upon or arising out of a contract entered into by the town unless ...