Town of Islip v. Stoye, 29 N.Y.2d 524

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 commenee 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.

Case Details

Case Name: Town of Islip v. Stoye

Court Name: New York Court of Appeals

Date Published: Jun 10, 1971

Citations: 29 N.Y.2d 524; 272 N.E.2d 573; 324 N.Y.S.2d 79; 1971 N.Y. LEXIS 1196

Court Abbreviation: N.Y.