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Master Painting Roof. v. City Hous. Auth

Appellate Division of the Supreme Court of New York, First Department
Feb 4, 1999
258 A.D.2d 275 (N.Y. App. Div. 1999)

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.


Summaries of

Master Painting Roof. v. City Hous. Auth

Appellate Division of the Supreme Court of New York, First Department
Feb 4, 1999
258 A.D.2d 275 (N.Y. App. Div. 1999)

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.
Case details for

Master Painting Roof. v. City Hous. Auth

Case Details

Full title:MASTER PAINTING AND ROOFING CORP., Appellant, v. NEW YORK CITY HOUSING…

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

Date published: Feb 4, 1999

Citations

258 A.D.2d 275 (N.Y. App. Div. 1999)
682 N.Y.S.2d 856

Citing Cases

V.C. Vitanza Sons, Inc. v. N.Y.C. Hous. Auth.

Section 23 and similar provisions have been strictly enforced by courts. See Master Painting and Roofing…

S.J. Fuel Co. v. NYC Hous. Auth.

This untimeliness, alone, requires dismissal of the action. (E.g., Kovachevich v. New York City Housing…