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START EL., INC. v. NEW YORK CITY HOUS. AUTH.

10007, 108412/09.

106 A.D.3d 450 (2013)

965 N.Y.S.2d 59

2013 NY Slip Op 3378

START ELEVATOR, INC., Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided May 9, 2013.

Plaintiff's contention that its April 28 and May 4, 2004 letters constituted a notice of claim pursuant to section 23 of the parties' contract is unavailing (see e.g. Bat-Jac Contr. v New York City Hous. Auth., 1 A.D.3d 128, 129 [1st Dept 2003]). The April 28 letter merely stated that plaintiff would forward an estimate for the increased cost due to the change from ceramic tiles to glazed structural brick; however, section 23(a)...

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