4-A General Contracting Corp. v. New York Housing Authority

Appellate Division of the Supreme Court of New York

4-A General Contracting Corp. v. New York Housing Authority

28 A.D.3d 261, 811 N.Y.S.2d 917

Appellate Division of the Supreme Court of the State of New York·Decided April 11, 2006·Published·Cited by 4 cases

Opinion

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered February 10, 2005, which granted defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff failed to give defendant timely written notice of its claim for extra work, as required by the contract (see Master Painting & Roofing Corp. v New York City Hous. Auth., 258 AD2d 275 [1999]). There was no evidence that defendant frustrated plaintiff’s ability to file a timely notice. Concur— Tom, J.P., Marlow, Gonzalez, Catterson and Malone, JJ.

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Order, Supreme Court, New York County (Walter B. Tolub, J.), entered February 10, 2005, which granted defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff failed to give defendant timely written notice of its claim for extra work, as required by the contract (see Master Painting & Roofing Corp. v New York City Hous. Auth., 258 AD2d 275 [1999]). There was no evidence that defendant frustrated plaintiff’s ability to file a timely notice. Concur— Tom, J.P., Marlow, Gonzalez, Catterson and Malone, JJ.

4-A General Contracting Corp. v. New York Housing Authority, 28 A.D.3d 261, 811 N.Y.S.2d 917 (N.Y. Ct. App. 2006).

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28 A.D.3d 261 (4-A General Contracting Corp. v. New York Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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