J. Petrocelli Contracting, Inc. v. City of New York

Appellate Division of the Supreme Court of New York

J. Petrocelli Contracting, Inc. v. City of New York

249 A.D.2d 108, 670 N.Y.S.2d 109, 1998 N.Y. App. Div. LEXIS 4062

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 16, 1998

StatusPublished

This text of 249 A.D.2d 108 (J. Petrocelli Contracting, Inc. v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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J. Petrocelli Contracting, Inc. v. City of New York, 249 A.D.2d 108, 670 N.Y.S.2d 109, 1998 N.Y. App. Div. LEXIS 4062 (N.Y. Ct. App. 1998).

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Opinion

—Order and judgment (one paper), Supreme Cdurt, New York County (Jane Solomon, J.), entered January 8, 1997, dismissing the complaint, unanimously affirmed, without costs.

We agree with the motion court that plaintiff subcontractor’s claim against the City for its alleged failure to require procurement of a payment bond by the general contractor pursuant to State Finance Law § 137 sounds in tort, and that the failure to serve a timely notice of claim mandates dismissal (see, Stanford Hgts. Fire Dist. v Town of Niskayuna, 120 AD2d 878; Davidson v Bronx Mun. Hosp., 64 NY2d 59). In view of the foregoing, it is unnecessary to consider the parties’ other contentions. Concur — Rosenberger, J. P., Rubin, Williams, Tom and Saxe, JJ.

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—Order and judgment (one paper), Supreme Cdurt, New York County (Jane Solomon, J.), entered January 8, 1997, dismissing the complaint, unanimously affirmed, without costs.

We agree with the motion court that plaintiff subcontractor’s claim against the City for its alleged failure to require procurement of a payment bond by the general contractor pursuant to State Finance Law § 137 sounds in tort, and that the failure to serve a timely notice of claim mandates dismissal (see, Stanford Hgts. Fire Dist. v Town of Niskayuna, 120 AD2d 878; Davidson v Bronx Mun. Hosp., 64 NY2d 59). In view of the foregoing, it is unnecessary to consider the parties’ other contentions. Concur — Rosenberger, J. P., Rubin, Williams, Tom and Saxe, JJ.

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249 A.D.2d 108, 670 N.Y.S.2d 109, 1998 N.Y. App. Div. LEXIS 4062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-petrocelli-contracting-inc-v-city-of-new-york-nyappdiv-1998.

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