Daniel J. Rice, Inc. v. City of New York

Defendant moves for summary judgment. The action is on a contract for construction work on a city hospital. On March 24, 1938, plaintiff filed a notice of its claim with the Comptroller. On March 31, 1938, plaintiff was subpoenaed to appear on April 21, 1938, before the Comptroller and give evidence as to its claim. The examination was adjourned five times at the request of the plaintiff, the final adjourned date being June 13, 1938. On that date plaintiff failed to appear. On November 28, 1938, the Comptroller notified plaintiff that its claim was disallowed. On June 12, 1941, plaintiff,…