We agree with the motion court that plaintiff subcontractor's claim against the City for its alleged failure to require procurement of a payment bond by the general contractor pursuant to State Finance Law § 137 sounds in tort, and that the failure to serve a timely notice of claim mandates dismissal (see, Stanford Hgts. Fire Dist. v Town of Niskayuna,
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J. PETROCELLI CONTRACTING, INC. v. CITY OF NEW YORK
249 A.D.2d 108 (1998)
670 N.Y.S.2d 109
J. Petrocelli Contracting, Inc., Appellant, v. City of New York, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 16, 1998
April 16, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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