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AHA GENERAL CONSTRUCTION, INC. v. NEW YORK CITY HOUSING AUTHORITY

256 A.D.2d 287 (1998)

682 N.Y.S.2d 575

AHA GENERAL CONSTRUCTION, INC., Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided December 30, 1998.

Plaintiff's newly advanced argument, that the notice provisions of the parties' contract are inapplicable to its claims for breach of contract, is not preserved for appellate review (see, 815 Park Ave. Owners v Fireman's Ins. Co., 225 A.D.2d 350, 355, lv denied 88 N.Y.2d 808). Were we to reach this issue, it is clear that article 51 of the subject agreement does in fact require compliance with said notice provisions as a condition...

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