C.S.A. Contracting Corp. v. New York City School Construction Authority

In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of a judg*590ment of the Supreme Court, Queens County (Kitzes, J.), dated March 25, 2003, as, upon the granting of the defendant’s motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint on the ground that the plaintiff failed to prove that it had filed a timely notice of claim, dismissed the complaint.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff performed asbestos abatement work in a number of New York City…