Chambers Services v. City of New York

Full title: CHAMBERS SERVICES, INC., PLAINTIFF-APPELLANT, v. THE CITY OF NEW YORK…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 14, 1999

277 A.D.2d 66 (N.Y. App. Div. 1999)

716 N.Y.S.2d 296

Opinion

November 14, 1999.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered August 2, 1999, which granted defendant City of New York's motion to dismiss the complaint, unanimously affirmed, without costs.

Frances Ruiz, for plaintiff-appellant.

Alan G. Krams, for defendant-respondent.

Before: Rosenberger, J.P., Tom, Wallach, Rubin, Saxe, JJ.

The motion court properly found that plaintiff failed to exhaust its administrative remedies, as expressly required by the contract, prior to seeking judicial intervention.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.