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EMD CONSTRUCTION CORP. v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

70 A.D.3d 893 (2010)

895 N.Y.S.2d 469

EMD CONSTRUCTION CORP., Appellant, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT et al., Respondents.

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

Decided February 16, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion to dismiss the complaint. The complaint fails to allege that "at least thirty days ha[d] elapsed since the . . . claim . . . upon which [the] action . . . is founded [had been] presented to the comptroller for adjustment, and that the comptroller ha[d] neglected or refused to make an adjustment or payment thereof for thirty days after such presentment" (Administrative...

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