Incorporated Vil. of Freeport v. Freeport Plaza W., LLC

Summary

The Court of Appeals affirmed dismissal of Freeport Plaza West's counterclaim because it failed to file the notice of claim required for contract claims against a village. The Court held that the Village's participation in litigation and delayed motion did not constitute the wrongful or misleading conduct necessary to invoke equitable estoppel, and that the notice requirement applies equally to counterclaims. The Court declined to create an exception based on actual notice, lack of prejudice, or the fact that the counterclaim arose from the Village's action.