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SCHIAVONE CONSTR. CO., INC. v. CITY OF NEW YORK

9968, 105519/02.

106 A.D.3d 427 (2013)

963 N.Y.S.2d 871

2013 NY Slip Op 3182

SCHIAVONE CONSTRUCTION CO., INC., and AUGUST C. LOZANO, P.E., INC., a Joint Venture, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided May 2, 2013.

Plaintiffs' original notice of claim failed to comply with the strict notice provisions of the parties' contract; thus, plaintiffs waived their claim under the contract (see A.H.A. Gen. Constr. v New York City Hous. Auth., 92 N.Y.2d 20, 31-32 [1998]). Plaintiffs do not assert that defendant "frustrated or prevented the occurrence of the condition [precedent]" to their suit (see id. at 31 [internal quotation marks omitted]...

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