Civil Serv. Empls. Assn., Inc. v Town of Eastchester

Holding The court affirmed the dismissal of the complaint because the plaintiffs failed to file a required notice of claim under Town Law § 65(3). The court determined that the exception for ongoing violations did not apply and that the notice was a condition precedent to maintaining the action.

The court’s words

The filing of a notice of claim is . . . a condition precedent to the maintenance of an action against a town arising out of the contractual relationship between a plaintiff and a town

2026 NY Slip Op 05378, at the official text

Under 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 a written verified claim shall have been filed with the town clerk within six months after the cause of action shall have accrued

2026 NY Slip Op 05378, at the official text

in contrast to other notice statutes, Town Law § 65(3) contains no provision allowing the court to excuse noncompliance with its requirements

2026 NY Slip Op 05378, at the official text

an exception to the Town Law § 65(3) notice of claim requirement is only applicable where a plaintiff has pleaded an ongoing or continuing violation

2026 NY Slip Op 05378, at the official text

Since the plaintiffs seek both the recovery of damages and equitable relief, the filing of a notice of claim was a condition precedent to the maintenance of this action

2026 NY Slip Op 05378, at the official text