Start Elevator, Inc. v. New York City Housing Authority

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered June 1, 2010, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff’s contention that its April 28 and May 4, 2004 letters constituted a notice of claim pursuant to section 23 of the parties’ contract is unavailing (see e.g. Bat-Jac Contr. v New York City Hous. Auth., 1 AD3d 128, 129 [1st Dept 2003]). The April 28 letter merely stated that plaintiff would forward an estimate for the increased cost due to the change from ceramic tiles to glazed structural brick; however,…