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LANMARK GROUP, INC. v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

7912. 653952/15.

167 A.D.3d 519 (2018)

93 N.Y.S.3d 553

2018 NY Slip Op 08752

Lanmark Group, Inc., Respondent, v. New York City School Construction Authority, Appellant.

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

Decided December 20, 2018.

Contrary to defendant's contention, the record establishes that plaintiff's notice of claim was timely served, because it was filed before defendant executed the certificate of completion (see D & L Assoc., Inc. v New York City School Constr. Auth., 69 A.D.3d 435, 435 [1st Dept 2010]). Plaintiff's December 1, 2014 change order proposal did not trigger the running of the three-month time period to timely file a notice of claim...

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