PROMO-PRO LTD. v. LEHRER McGOVERN BOVIS, INC.


306 A.D.2d 221 (2003)

761 N.Y.S.2d 655

PROMO-PRO LTD., Appellant, v. LEHRER McGOVERN BOVIS, INC., Respondent-Appellant, and NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided June 26, 2003.


In this action by a contractor seeking damages for breach of contract and foreclosure of a mechanic's lien, the motion court properly dismissed the complaint for failure to comply with a contractual notice of claim provision. Compliance with the notice of claim provision was an express condition precedent to the contractor's right to bring an action for recovery of change order payments and, under such provision, noncompliance clearly constituted a waiver of its claim. While...

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