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CSA CONTR. v. SCHOOL CONSTR.

5 N.Y.3d 189 (2005)

833 N.E.2d 266

800 N.Y.S.2d 123

C.S.A. CONTRACTING CORP., Appellant, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 2005.

Attorney(s) appearing for the Case

Martin S. Dorfman, Woodbury, for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Janet L. Zaleon and Kristin M. Helmers of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur with Judge GRAFFEO; Judge R.S. SMITH concurs in a separate concurring opinion.

OPINION OF THE COURT

GRAFFEO, J.

The issue here is whether plaintiff C.S.A. Contracting Corp. timely filed a notice of claim pursuant to Public Authorities Law § 1744 (2) in this breach of contract action seeking payment from defendant New York City School Construction Authority for work it performed. Under the facts and circumstances of this case, we conclude that the notice of claim was not timely because...

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