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ABAX, INCORPORATED v. LEHRER McGOVERN BOVIS, INC.

8 A.D.3d 92 (2004)

778 N.Y.S.2d 149

ABAX, INCORPORATED, Appellant, v. LEHRER McGOVERN BOVIS, INC., Respondent. (And Other Actions.)

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

June 10, 2004.

Under the particular circumstances presented, we exercise our discretion to grant renewal (see Mejia v Nanni, 307 A.D.2d 870 [2003]). The documentation submitted on the motion to renew establishes that the contract manager received notice of claims G, J, Y, BB2 and CC within 20 days of their actual accrual dates in accordance with the requirements of section 25 of the subject contract and, accordingly, that these claims were timely...

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