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KEL-TECH CONSTRUCTION, INC. v. NEW YORK CITY HOUSING AUTHORITY

3414, 112707/07.

79 A.D.3d 607 (2010)

912 N.Y.S.2d 881

KEL-TECH CONSTRUCTION, INC., Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided December 28, 2010.

Under the subject contract, as a condition precedent to suit, plaintiff was required to file a written notice of claim for extra costs or damages within 20 days after said claim arose and to comply with any demands for additional information. Plaintiff argues that NYCHA, by its affirmations and representations, induced it into believing that it did not need to file a notice of claim. Even assuming that plaintiff's estoppel argument has merit, the failure to comply with NYCHA...

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