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INFORM APPLICATIONS, INC. v. TOWN OF BROOKHAVEN

2015-04497, Index No. 61764/13.

136 A.D.3d 670 (2016)

24 N.Y.S.3d 212

2016 NY Slip Op 00684

INFORM APPLICATIONS, INC., Respondent, v. TOWN OF BROOKHAVEN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 3, 2016.

In an action to recover damages for breach of contract and on an account stated, the defendant appeals from an order of the Supreme Court, Suffolk County (Martin, J.), entered May 14, 2015, which denied its motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to file a timely notice of claim pursuant to Town Law § 65 (3) and, thereupon, deemed the notice of claim timely filed nunc pro tunc pursuant to CPLR 2004, and granted the plaintiff's cross...

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