Everest General Contractors v. New York City Housing Authority

Plaintiff failed to provide timely written notice of its intention to make a claim for damages arising out of defendant’s delay, a condition precedent to commencing an action pursuant to section 23 of the parties’ contract (see A.H.A. Gen. Constr. v New York City Hous. Auth., 92 NY2d 20, 30-31 [1998]; 4-A Gen. Contr. Corp. v New York City Hous. Auth., 28 AD3d 261 [1st Dept 2006]). Plaintiffs July 26, 2004 letter which was allegedly *480sent to defendant, does not satisfy the requirement of written notice. The letter was not designated as a notice of claim, gave no indication of an intent to make…