201412.12
0

Plaintiff, a commercial property owner, commenced an action against a Long Island village, arguing that the village’s lien on the plaintiff’s property was extinguished in accordance with the agreement that created it. We moved to dismiss on the village’s behalf, arguing that plaintiff failed to fulfill a condition precedent by failing to serve a Notice of Claim, and that plaintiff was otherwise precluded from serving a late Notice of Claim. The Court agreed and dismissed plaintiff’s complaint. The court credited the firm’s arguments that plaintiff’s failure to serve the notice of claim in a timely manner was a fatal to its lawsuit.