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This entry was published on 2014-09-22
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SECTION 9802
Liability of villages in certain actions
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 98
§ 9802. Liability of villages in certain actions. Except as provided
otherwise in this chapter no action shall be maintained against the
village upon or arising out of a contract of the village unless the same
shall be commenced within eighteen months after the cause of action
therefor shall have accrued, nor unless a written verified claim shall
have been filed with the village clerk within one year after the cause
of action shall have accrued, and no other action shall be maintained
against the village unless the same shall be commenced within one year
after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been made and served in compliance with
section fifty-e of the general municipal law. The omission to present a
claim or to commence an action thereon within the respective periods of
time above stated applicable to such claim, shall be a bar to any claim
or action therefor against said village; but no action shall be brought
upon any such claim until forty days have elapsed after the filing of
the claim in the office of the village clerk.