Legal Opinion

JCH Delta Contracting, Inc. v. City of New York

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

Decided October 11, 2007PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered June 28, 2006, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

*404Dismissal of plaintiffs causes of action seeking damages for extra and disputed work was appropriate since the claims were not timely submitted for review pursuant to the exclusive, alternative resolution procedures set forth in the parties’ contract (see Laquila Constr. v New York City Tr. Auth., 282 AD2d 331 [2001], lv denied 96 NY2d 721 [2001]; see also Yonkers Contr. Co. v Port Auth.…

2Cases cited5 opinions

  1. Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
  2. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  3. Phillips Construction Co. v. City of New YorkNew York Court of Appeals · 1984
  4. Yonkers Contracting Co., Inc. v. Port Auth. Trans-Hudson Corp.New York Court of Appeals · 1996
  5. Laquila Construction, Inc. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by3 opinions

  1. Mulacek v. ExxonMobil Corp.Appellate Division of the Supreme Court of the State of New York · 2023
  2. Start Elevator, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  3. Start Elevator, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013

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