New York Consolidated Laws

N.Y. Town Law § 65 (2026)

Actions and proceedings by and against towns

✓ current as of May 2026

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§ 65. Actions and proceedings by and against towns. 1. Any action or
special proceeding for or against a town, or for its benefit, and upon a
contract lawfully made with it, or with any of its officers or agents
authorized to contract in its behalf, or to enforce any liability
created, or duly enjoined upon it, or upon any of its officers or agents
for which it is liable, or to recover damages for any injury to any
property or rights for which it is liable, shall be in the name of the
town. The town board of any town may authorize and direct any town
officer or officers to institute, defend or appear, in any action or
legal proceeding, in the name of the town, as in its judgment may be
necessary, for the benefit or protection of the town, in any of its
rights or property. It shall be the duty of any officer or officers so
authorized and directed to institute said action or legal proceeding or
to defend or appear therein, and the reasonable and necessary expense of
such action or proceeding, or defense or appearance shall be a town
charge. No such officer or officers, however, shall employ legal counsel
except as directed by the town board.
  2. The town may sue and be sued at law for the breach of any lawful
contract entered into by it on behalf of a district wholly located in
such town. Any sum of money recovered by it in such an action shall be
paid over to the town treasury and be credited to such district.  In the
event of the entry of any judgment against such town by reason of a
contract made on behalf of a district, the town shall forthwith satisfy
and pay such judgment, interest and costs, and the amount so paid in
satisfaction of any such judgment, interest and costs shall be a charge
against such district and the amount thereof shall be assessed and
levied against and collected from the several lots and parcels of land
within the district in the same manner as other district charges, or the
amount of any such judgment, including interest and costs, may be
financed pursuant to the local finance law in which event amounts
necessary to provide for the annual payments of principal of and
interest on any obligations issued by the town for such purpose shall be
assessed and levied against and collected from the several lots and
parcels of land within the district in the same manner as other district
charges.
  3. On and after the first day of September, nineteen hundred
thirty-nine, no action shall be maintained against a town upon or
arising out of a contract entered into by the town unless the same shall
be commenced within eighteen months after the cause of action thereof
shall have accrued, nor unless a written verified claim shall have been
filed with the town clerk within six months after the cause of action
shall have accrued, but no such action shall be brought upon any such
claim until forty days have elapsed after the filing of the claim in the
office of the town clerk.

Notes of Decisions

Cited in 88 cases (7 in the last 5 years), 1985–2026 · leading case: Mohl v. Town of Riverhead, 62 A.D.3d 969 (N.Y. App. Div. 2009).

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Mohl v. Town of Riverhead, 62 A.D.3d 969 (N.Y. App. Div. 2009). · cites it 7× “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 have accrued”…”

Trager v. Town of Clifton Park, 303 A.D.2d 875 (N.Y. App. Div. 2003). · cites it 4× “1 In cross-moving for summary judgment, defendant estab *877 lished through the affidavit of Marvin LeRoy, its supervisor between 1992 and 1999, that the capital improvement plan was created at the specific request of plaintiffs, among others, so as to permit them “to bring…”

McCulloch v. Town of Milan, 74 A.D.3d 1034 (N.Y. App. Div. 2010). · cites it 4× “Town Law § 65 (3) provides that no action shall be maintained against a town “upon or arising out of a contract entered into by the town unless .”

Micro-Link, LLC v. Town of Amherst, 73 A.D.3d 1426 (N.Y. App. Div. 2010). · cites it 3× “Contrary to defendant’s contention, the court applied the appropriate standard in determining the accrual dates of the first and second causes of action pursuant to Town Law § 65 (3), which requires a notice of claim to be filed within six months of accrual and an action to be…”

Aqua Dredge, Inc. v. Little Harbor Sound Civic Improvement Ass'n, 114 A.D.2d 825 (N.Y. App. Div. 1985). · cites it 4× “), entered March 27, 1984, which denied its motion to dismiss the complaint as against it for plaintiffs failure to file a verified notice of claim in accordance with Town Law § 65 (3). Order reversed, on the law, with costs, motion granted, action dismissed as against…”

Walter H. Poppe Gen. Contracting, Inc. v. Town of Ramapo, 280 A.D.2d 667 (N.Y. App. Div. 2001). · cites it 2× “v Meehan, 226 AD2d 702, 703 ; County of Rockland v Town of Orangetown, 189 AD2d 1058, 1059 ), and the plaintiff’s failure to plead and prove compliance with the requirements of Town Law § 65 (3) requires dismissal of the cause of action alleging breach of contract (see,…”

Parker v. Town of Clarkstown, 217 A.D.2d 607 (N.Y. App. Div. 1995). · cites it 5× “Although the Supreme Court did not expressly address the issue, it impliedly rejected the Town’s argument that the action was barred by Town Law § 65 (3). As the Supreme Court correctly concluded, this action is subject to a six-year Statute of Limitations (see, CPLR 213).”

East Coast Resources, LLC v. Town of Hempstead, 707 F. Supp. 2d 401 (E.D.N.Y 2010). · cites it 3× “N.Y. Town Law § 65 (3). “A properly verified notice of claim is a condition precedent to maintaining an action to recover damages for breach of contract against a town.”

ADC Contracting & Constr., Inc. v. Town of Southampton, 45 A.D.3d 614 (N.Y. App. Div. 2007). · cites it 3× “In a posttrial motion, the Town moved, in effect, pursuant to CPLR 4404 to set aside the jury verdict and for judgment as a matter of law on the ground that the plaintiff filed an improperly veri *615 fled notice of claim. A properly verified notice of claim is a condition…”

Montauk-Caribbean Airways, Inc. v. Hope, 132 Misc. 2d 496 (N.Y. Sup. Ct. 1986). · cites it 10× “Ill Town Law § 65 (3) provides that no action shall be maintained against a town arising out of a contract unless a written verified claim shall be filed with the town clerk within six months after the cause of action accrued and an action is commenced within 18 months after the…”

Town of Amherst v. Cnty. of Erie, 247 A.D.2d 869 (N.Y. App. Div. 1998). · cites it 3× “Plaintiff Town of Amherst moved, inter alia, for an order dismissing the counterclaim against it on the ground that defendants failed to comply with Town Law § 65 (3) by filing a written verified claim within six months after the contract cause of action accrued.”

Cnty. of Rockland v. Town of Orangetown, 189 A.D.2d 1058 (N.Y. App. Div. 1993). · cites it 4× “Defendant answered and moved to dismiss the complaint on the ground that plaintiff failed to file a verified notice of claim in accordance with Town Law § 65 (3); plaintiff cross-moved for, inter alia, leave to serve a late notice of claim.”

Show all 88 citing cases →

— N.Y. Town Law § 65(3) — 5 cases

East Coast Resources, LLC v. Town of Hempstead, 707 F. Supp. 2d 401 (E.D.N.Y 2010). “N.Y. Town Law § 65 (3). “A properly verified notice of claim is a condition precedent to maintaining an action to recover damages for breach of contract against a town.”

William G. Prophy, LLC v. Town of Southampton, 2023 NY Slip Op 04615 (N.Y. App. Div. 2023).

Town of Saugerties v. Employers Ins. of Wausau, 743 F. Supp. 112 (N.D.N.Y. 1990).

Dannemann v. Town of E. Hampton Dept. of Land Acquisition & Mgt., 2023 NY Slip Op 06117 (N.Y. App. Div. 2023).

N & P Engg., Architecture & Land Surveying, PLLC v. Ridge Fire Dept., 2026 NY Slip Op 00906 (N.Y. App. Div. 2026).

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