Opinion
8254.
April 11, 2006.
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.
Biaggi Biaggi, New York (Mario Biaggi, Jr. of counsel), for appellant.
Ricardo Elias Morales, New York (Joyce J. Sun of counsel), for respondent.
Before: Tom, J.P., Marlow, Gonzalez, Catterson and Malone, JJ., Concur.
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). There was no evidence that defendant frustrated plaintiff's ability to file a timely notice.