Legal Opinion

Bat- Jac Contracting, Inc. v. New York City Housing Authority

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

Decided November 6, 2003PublishedCited by 8 opinions

1Opinion of the Court

*129Order, Supreme Court, New York County (Paula Omansky, J.), entered February 27, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to file a timely notice of claim, which is expressly made a prerequisite to recovery under the parties’ contract and which is subject to strict construction as a matter of public policy (see A.H.A. Gen. Constr. v New York City Hous. Auth., 92 NY2d 20, 33-34 [1998]). Plaintiffs previous letter notice is not designated as a notice of claim and, in any event, fails to meet the…

2Cases cited4 opinions

  1. A.H.A. General Construction, Inc. v. New York City Housing AuthorityNew York Court of Appeals · 1998
  2. North Star Contracting Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  3. T.J.D. Construction Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  4. S.N. Tannor, Inc. v. A.F.C. Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by8 opinions

  1. Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
  2. Rifenburg Construction, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2011
  3. Hi-Tech Constr. & Mgt. Servs. Inc. v. Housing Auth. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Everest General Contractors v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
  5. Everest General Contractors v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2012

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