Morelli Masons, Inc. v. Peter Scalamandre & Sons, Inc.

—Order, Supreme Court, New York County (Charles Ramos, J.), entered April 11, 2001, which, inter alia, granted defendants’ motion for summary judgment dismissing the third and fourth causes of action, unanimously affirmed, with costs.

In this action by a subcontractor seeking delay damages from its general contractor and payment on the bond with respect to such claim, the motion court properly held that plaintiff had failed to comply strictly with the notice provision in its subcontract, which, while not containing the conditional “unless” language found in the contract in A.H.A. Gen. Constr.…