Legal Opinion

4-A General Contracting Corp. v. New York Housing Authority

Appellate Division of the Supreme Court of the State of New York

Decided April 11, 2006PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered February 10, 2005, which granted defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff failed to give defendant timely written notice of its claim for extra work, as required by the contract (see Master Painting & Roofing Corp. v New York City Hous. Auth., 258 AD2d 275 [1999]). There was no evidence that defendant frustrated plaintiff’s ability to file a timely notice. Concur— Tom, J.P., Marlow, Gonzalez, Catterson and Malone, JJ.

2Cases cited1 opinion

  1. In re ShahAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by4 opinions

  1. Centennial Elevator Industries, Inc. v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
  2. Centennial Elevator Industries, Inc. v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
  3. Everest General Contractors v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
  4. Everest General Contractors v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2012