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MORELLI MASONS, INC. v. PETER SCALAMANDRE & SONS, INC.

294 A.D.2d 113 (2002)

742 N.Y.S.2d 6

MORELLI MASONS, INC., Appellant, v. PETER SCALAMANDRE & SONS, INC., et al., Respondents.

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

Decided May 2, 2002.

In this action by a subcontractor seeking delay damages from its general contractor and payment on the bond with respect to such claim, the motion court properly held that plaintiff had failed to comply strictly with the notice provision in its subcontract, which, while not containing the conditional "unless" language found in the contract in A.H.A. Gen. Constr. v New York City Hous. Auth. (92 N.Y.2d 20), specifically provided that...

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