Legal Opinion
D & L Associates, Inc. v. New York City School Construction Authority
Appellate Division of the Supreme Court of the State of New York
Decided January 7, 2010PublishedCited by 6 opinions
1Opinion of the Court
Certificates of substantial completion were executed more than three months prior to plaintiff contractor’s filing its notice of claim for three of the four contracts on which it sought to recover. Such certificates fixed the date on which damages were ascertainable, and therefore when plaintiffs claim accrued (see C.S.A. Contr. Corp. v New York City School Constr. Auth., 5 NY3d 189, 192 [2005]; Koren-DiResta Constr. Co. v New York City School Constr. Auth., 293 AD2d 189, 191-192 [2002]). Accordingly, since three of plaintiffs contract claims accrued more than three months before the notice…
2Cases cited4 opinions
- Ely-Cruikshank Co. v. Bank of MontrealNew York Court of Appeals · 1993
- C.S.A. Contracting Corp. v. New York City School Construction AuthorityNew York Court of Appeals · 2005
- Koren-DiResta Construction Co., Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- D.A.G. Floors, Inc. v. St. Paul Mercury InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by6 opinions
- EMD Construction Corp. v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2010
- Colonial Sur. Co. v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2020
- Frank Tricarico Contractors, Inc. v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2012
- Jones Lang LaSalle of New York, LLC v. New York City School Construction AuthorityNew York Supreme Court · 2011
- Lanmark Group, Inc. v. New York City Sch. Constr. Auth.Appellate Division of the Supreme Court of the State of New York · 2018
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