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RAD AND D'APRILE, INC. v. ARNELL CONSTRUCTION CORP.

2015-05661 Index No. 502464/14.

159 A.D.3d 971 (2018)

74 N.Y.S.3d 266

2018 NY Slip Op 02156

RAD AND D'APRILE, INC., Also Known as RAD & APRILE, INC., Respondent, v. ARNELL CONSTRUCTION CORP., Appellant.

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

Decided March 28, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

In June 2001, the New York City Department of Sanitation entered into a contract with the defendant whereby the defendant would serve as the general contractor on a project to construct two new sanitation garages in Brooklyn. Their contract (hereinafter the prime contract) required that any claims against the City arising out of the prime contract be brought within six months of the City's issuance...

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