Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants' motion to dismiss the complaint pursuant to CPLR 3211 and Town Law § 65 (3) is granted.
Under Town Law § 65, "no action shall be maintained against a town upon or arising out of a contract entered into by the town" unless, inter alia, "a written verified claim shall have been filed with the town clerk within six months after the cause of action shall...
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