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BAT-JAC CONTRACTING, INC. v. NEW YORK CITY HOUSING AUTHORITY

1 A.D.3d 128 (2003)

766 N.Y.S.2d 352

BAT-JAC CONTRACTING, INC., Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

November 6, 2003.

Plaintiff failed to file a timely notice of claim, which is expressly made a prerequisite to recovery under the parties' contract and which is subject to strict construction as a matter of public policy (see A.H.A. Gen. Constr. v New York City Hous. Auth., 92 N.Y.2d 20, 33-34 [1998]). Plaintiff's previous letter notice is not designated as a notice of claim and, in any event, fails to meet the requirements of the contract's notice...

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