Opinion
May 27, 1986
Appeal from the Supreme Court, Rockland County (Walsh, J.).
Order affirmed insofar as appealed from, with costs.
County Law § 52, which incorporates the provisions of the General Municipal Law §§ 50-e and 50-i does not apply to actions to recover damages for breach of contract (see, e.g., Fraccola v City of Utica, 77 A.D.2d 161; Meed v Nassau County Police Dept., 70 Misc.2d 274). Since the plaintiff's surviving causes of action sound in contract, Special Term properly refused to dismiss those causes of action for the plaintiff's failure to serve a notice of claim. Mills v County of Monroe ( 59 N.Y.2d 307, cert denied 464 U.S. 1018), upon which the defendants rely in urging dismissal of the complaint, does not require a contrary result. The Mills decision only addressed the applicability of the notice of claim requirement to an employment discrimination action brought pursuant to State or Federal civil rights statutes. We do not believe the Court of Appeals in Mills v County of Monroe (supra) intended to construe County Law § 52 as requiring the serving of a notice of claim in actions to recover damages for breach of contract. Mollen, P.J., Thompson, Rubin and Lawrence, JJ., concur.