ALJ Capital I, L.P. v. David J. Joseph Co.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered March 19, 2007, which, insofar as appealed from, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

The complaint was properly dismissed on the ground that plaintiffs failed to provide prompt written notice of a “Disallowance,” a condition precedent to their right to demand repayment from defendant under the subject agreement. The giving of such notice was always within plaintiffs’ control, and, despite the lack of explicitly conditional language, was unmistakably…