Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
HI–TECH CONSTRUCTION & MANAGEMENT SERVICES INC., Plaintiff–Appellant, v. The HOUSING AUTHORITY OF the CITY OF NEW YORK, Defendant–Respondent.
Hi–Tech Construction & Management Services Inc., Plaintiff–Appellant, v. The Housing Authority of the City of New York, Defendant–Respondent.
Order, Supreme Court, New York County (Manuel Mendez, J.), entered August 2, 2013, which granted defendant New York City Housing Authority's motion for summary judgment dismissing the consolidated complaints, unanimously affirmed, without costs.
Plaintiff failed to provide timely written notice of its intention to make a claim for damages arising out of defendant's delay, a condition precedent to commencing an action pursuant to section 23 of the parties' contract (see A.H.A. Gen. Constr. v. New York City Hous. Auth., 92 N.Y.2d 20, 30–31 [1998]; Everest Gen. Contrs. v. New York City Hous. Auth., 99 AD3d 479 [1st Dept 2012] ). Neither plaintiff's letter concerning its opinion on preparing walls for painting, which stated that plaintiff would consider its claim for payment of skim coating a “continuous claim,” without stating how much the claim was for, or delineating itself as a notice of claim, nor plaintiff's various requests for change orders, satisfied the contract (see Bat–Jac Contr. v. New York City Hous. Auth., 1 AD3d 128 [1st Dept 2003] ).
Defendant's defense of this litigation and participation in settlement negotiations did not constitute a waiver of section 23, nor was defendant estopped from moving for dismissal on that ground (see Huff Enters. v. Triborough Bridge & Tunnel Auth., 191 A.D.2d 314,316–317 [1st Dept 1993], lv denied 89 N.Y.2d 655 [1993] ).
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 24, 2015
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)