Hyperlawhypertext legal databasebeta Town of Islip v. Stoye 29 N.Y.2d 524

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Town of Islip v. Stoye

29 N.Y.2d 524 Court N.Y. Decision date 1971-06-10 English

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p. 524
In the Matter of the Town of Islip, Appellant, v. Carl B. Stoye, Respondent.
Argued May 26, 1971;
decided June 10, 1971.
p. 525
Burton H. Mars, Town Attorney (Edward 8. Raskin of counsel), for appellant.
Paul E. Fitsmorris for respondent.

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

p. 526
menee 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.