Summary
affirming dismissal because of plaintiffs failure to give defendant timely written notice of claim for extra work as required by section 23 of the contract
Summary of this case from V.C. Vitanza Sons, Inc. v. N.Y.C. Hous. Auth.Opinion
February 4, 1999
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
The action was properly dismissed because of plaintiffs failure to give defendant timely written notice of claim for extra work, as required by section 23 of the contract ( see, Naclerio Contr. Co. v. Environmental Protection Admin., 113 A.D.2d 707, appeal dismissed 66 N.Y.2d 915). In any event, as the IAS Court also ruled, the site plan and contract drawings are not ambiguous as to whether the four ramps in issue were part of the contract.
Concur — Lerner, J. P., Rubin, Mazzarelli and Andrias, JJ.