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11TH ST. ASSOC. LLC v. CITY OF NEW YORK

1184, 652302/10.

139 A.D.3d 532 (2016)

30 N.Y.S.3d 550

2016 NY Slip Op 03961

11TH ST. ASSOC. LLC, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 19, 2016.

Plaintiff's failure to update its October 2010 notice of claim to reflect the subsequent accrual of additional unpaid nightly room rates incurred on behalf of the clients named in the notice of claim and the later filed complaint is fatal to its claim for those additional payments (Administrative Code of City of NY § 7-201 [a]; Varsity Tr., Inc. v Board of Educ. of City of N.Y., 5 N.Y.3d 532 [2005]; see also Schiavone Constr...

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