In an action to recover damages for land appropriated by defendant, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated January 12, 1966, which amended a prior order and granted defendant's motion to dismiss the complaint on the ground that a notice of claim pursuant to section 50-e Gen. Mun. of the General Municipal Law had not been filed. Order reversed, with $10 costs and disbursements, and motion denied. Defendant's time to answer the complaint is extended until 20 days after entry of the order hereon. The complaint seeks to recover "compensation and [consequential] damages" from defendant town for its permanent appropriation of a portion of plaintiff's land for the widening of a town highway. Such action is not founded in tort; and compliance with the notice of claim provisions of section 50-e Gen. Mun. of the General Municipal Law is not required (Town Law, § 67). Hopkins, Acting P.J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.