Opinion · Nylaw New York

MATTER OF TOWN OF ISLIP v. STOYE, 29 N.Y.2d 524 (1971)

324 N.Y.S.2d 79

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1971-01-01
Topic: general

MATTER OF TOWN OF ISLIP v. STOYE, 29 N.Y.2d 524 (1971) 324 N.Y.S.2d 79, 272 N.E.2d 573 In the Matter of the TOWN OF ISLIP, Appellant, v. CARL B. STOYE,Respondent.Court of Appeals of the State of New York.Argued May 26, 1971 Decided June 10, 1971 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN P. COHALAN, JR., J.

Citator

UpLaw has not yet analyzed MATTER OF TOWN OF ISLIP v. STOYE, 29 N.Y.2d 524 (1971). The absence of a flag is not a finding that it is good law.

MATTER OF TOWN OF ISLIPv.STOYE,29 N.Y.2d 524(1971)

324 N.Y.S.2d 79,272 N.E.2d 573

In the Matter of the TOWN OF ISLIP, Appellant,v.CARL B. STOYE,

Respondent.

Court of Appeals of the State of New York.

Argued May 26, 1971

Decided June 10, 1971

Page 525

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN P. COHALAN, JR., J.

Burton H. Mars, Town Attorney(Edward S. Raskinof counsel), for appellant.Paul E. Fitzmorrisfor 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 commencePage 526an action terminated; and the time limitation that thereupon became effective to bar his action also foreclosed his right to demand arbitration under the contract (CPLR7502, 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.