Opinion
Submitted April 28, 1999
June 7, 1999
In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated May 14, 1998, which denied its motion for summary judgment and granted the defendants' cross motion for summary judgment dismissing the complaint.
Stein Schonfeld, Garden City, N.Y. (Nancy A. Hampton of counsel), for appellant.
Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Jeltje deJong of counsel), for respondents.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly determined that the provisions of the contract at issue are clear and unambiguous and that in accordance with the plain language of the contract, the plaintiffs failure to timely submit billing vouchers precluded it from receiving the reimbursement it sought ( see, Matter of Wallace v. 600 Partners Co., 86 N.Y.2d 543, 548; Automotive Mgt. Group v. SRB Mgt. Co., 239 A.D.2d 450, 451).