MATTER OF HARTSDALE FIRE DISTRICT v. EASTLAND CONSTRUCTION, INC.


65 A.D.3d 1345 (2009)

In the Matter of HARTSDALE FIRE DISTRICT, Appellant, v. EASTLAND CONSTRUCTION, INC., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 29, 2009.


Ordered that the order is affirmed, with costs.

In the instant matter involving a dispute between the petitioner and the respondent, Eastland Construction, Inc. (hereinafter Eastland), over the parties' obligations pursuant to a construction contract, Eastland never served a notice of claim pursuant to Town Law § 180. Since serving a notice of claim is a condition precedent to commencing an action or seeking arbitration under a contract (see Matter of Elmont...

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