Opinion
January 4, 1994
Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).
Petitioner failed to comply with Administrative Code § 19-152 requiring that it repair approximately 10,000 square feet of sidewalk. Such failure permitted respondents to engage an independent contractor to complete the work. While the statute has been amended to protect against overbilling by respondents' contractors, by requiring greater specificity in the notice, petitioner waived the issue for appellate review by not raising it below (Hernandez v. Empire Mut. Ins. Co., 121 A.D.2d 259, 261). Were we to consider the issue reversal would not be warranted since respondents were denied the opportunity to show that the additional work was discovered only by removing portions of the existing sidewalks, and that therefore the cited amendment would have no impact on the result.
We have reviewed petitioner's remaining contentions and find them to be without merit.
Concur — Carro, J.P., Wallach, Asch and Nardelli, JJ.