AHA General Construction, Inc. v. New York City Housing Authority

Full title: AHA GENERAL CONSTRUCTION, INC., Appellant, v. NEW YORK CITY HOUSING…

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

Date published: Dec 30, 1998

256 A.D.2d 287 (N.Y. App. Div. 1998)

682 N.Y.S.2d 575

Opinion

December 30, 1998

Appeal from the Supreme Court, New York County (Lewis Friedman, J.).

Plaintiffs newly advanced argument, that the notice provisions of the parties' contract are inapplicable to its claims for breach of contract, is not preserved for appellate review ( see, 815 Park Ave. Owners v. Fireman's Ins. Co., 225 A.D.2d 350, 355, lv denied 88 N.Y.2d 808). Were we to reach this issue, it is clear that article 51 of the subject agreement does in fact require compliance with said notice provisions as a condition precedent to commencing an action for breach of contract and that the required notice was not given by plaintiff. We have reviewed plaintiff's remaining arguments and find them unpersuasive.

Concur — Lerner, J. P., Milonas, Rosenberger and Ellerin, JJ.