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D & L ASSOCIATES, INC. v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

1951, 102477/04

69 A.D.3d 435 (2010)

894 N.Y.S.2d 14

2010 NY Slip Op 73

D & L ASSOCIATES, INC., Appellant, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Respondent.

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

Decided January 7, 2010.

Certificates of substantial completion were executed more than three months prior to plaintiff contractor's filing its notice of claim for three of the four contracts on which it sought to recover. Such certificates fixed the date on which damages were ascertainable, and therefore when plaintiff's claim accrued (see C.S.A. Contr. Corp. v New York City School Constr. Auth., 5 N.Y.3d 189, 192 [2005]; Koren-DiResta Constr. Co. v...

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