Navillus Tile, Inc. v. Bovis Lend Lease LMB, Inc.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Flug, J.), entered November 26, 2010, which granted that branch of the motion of the defendant City of New York which was to dismiss the third cause of action for failure to comply with certain procedural preconditions to payment on a guarantee.

Ordered that the order is reversed, on the law, with costs payable by the respondent to the appellant, and that branch of the motion of the defendant City of New York which was to dismiss the third cause of…