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MASTER PAINTING AND ROOFING CORP. v. NEW YORK CITY HOUSING AUTHORITY

258 A.D.2d 275 (1999)

682 N.Y.S.2d 856

MASTER PAINTING AND ROOFING CORP., Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided February 4, 1999.

The action was properly dismissed because of plaintiff's failure to give defendant timely written notice of claim for extra work, as required by section 23 of the contract (see, Naclerio Contr. Co. v Environmental Protection Admin., 113 A.D.2d 707, appeal dismissed 66 N.Y.2d 915). In any event, as the IAS Court also ruled, the site plan and contract drawings are not ambiguous as to whether the four ramps in issue were part...

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