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ONE TEN RESTORATION, INC. v. NEW YORK CITY SCH. CONSTR. AUTH.

2019-02392. Index No. 708426/18.

202 A.D.3d 981 (2022)

163 N.Y.S.3d 562

2022 NY Slip Op 01032

One Ten Restoration, Inc., Appellant, v. New York City School Construction Authority, Respondent.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

King & King, LLP, Pelham, NY (Peter M. Kutil of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York, NY (Claude S. Platton, Ashley R. Garman, and Nwamaka Ejebe of counsel), for respondent.

Dillon, J.P., Connolly, Rivera and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

Between 2007 and 2011, the plaintiff allegedly was awarded nine construction contracts by the defendant, New York City School Construction Authority (hereinafter SCA), for initial contract amounts totaling more than $16 million. On or about June 2, 2017, the plaintiff served a notice of claim (hereinafter the June 2, 2017 notice of claim) on the SCA seeking the sum of $3,105,131.70, which represented alleged unpaid monies...

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