METROPOLITAN BRIDGE & SCAFFOLDS CORP. v. NEW YORK CITY HOUS. AUTH.

729, 653507/13.

138 A.D.3d 423 (2016)

27 N.Y.S.3d 862

2016 NY Slip Op 02580

METROPOLITAN BRIDGE & SCAFFOLDS CORP., Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided April 5, 2016.


Order, Supreme Court, New York County (Eileen Bransten, J.), entered July 28, 2014, which, to the extent appealed from, denied defendant's motion to dismiss the second and fourth causes of action insofar as they sought payment for extra maintenance work and in quantum meruit, unanimously reversed, on the law, without costs, and the motion granted.

The contractual notice of claim requirement in section 23 of the contract's General Conditions is an express condition...

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