Metropolitan Bridge & Scaffolds Corp. v. New York City Housing Authority

Order, Supreme Court, New York County (Eileen Bransten, J.), entered July 28, 2014, which, to the extent appealed from, denied defendant’s motion to dismiss the second and fourth causes of action insofar as they sought payment for extra maintenance work and in quantum meruit, unanimously reversed, on the law, without costs, and the motion granted.

The contractual notice of claim requirement in section 23 of the contract’s General Conditions is an express condition precedent to recovery and provides that claims are waived by the contractor’s failure to submit a sufficient notice (see Hi-Tech…