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TOWERS FOOD SERV., INC. v. NEW YORK CITY HEALTH & HOSPS. CORP.

652174/14, 4474, 4473.

153 A.D.3d 1163 (2017)

2017 NY Slip Op 06600

61 N.Y.S.3d 216

TOWERS FOOD SERVICE, INC., Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided September 26, 2017.

The motion court correctly found that HHC was not estopped from asserting the six-month contractual limitations period as there was no misconduct on the part of HHC that prevented Towers from timely commencing this action. On June 3, 2013, HHC provided notice to Towers that as of June 16, 2013, Bellevue would remove and store Towers's non-capital improvements. HHC added that it "cannot make payment" to Towers because many items on the documentation provided appeared to be...

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