Deluxe Development of New York, Inc. v. New York City School Construction Authority

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about February 10, 1997, which denied appellant’s motion to vacate an order of the same court and Justice, entered December 9, 1996, on default, granting respondent’s motion to file a late notice of claim, unanimously affirmed, without costs.

Appellant failed in the motion court to address the estoppel argument upon which respondent premised its motion to file a notice of claim, nunc pro tunc, pursuant to General Municipal Law § 50-e. Moreover, even if there had been some satisfactory answer by appellant to respondent’s…