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MATTER OF COMMODORE CONSTR. CORP. v. CONTRACT DISPUTE RESOLUTION BD. OF THE CITY OF N.Y.

653859/16, 6618, 651969/15, 6617.

161 A.D.3d 548 (2018)

77 N.Y.S.3d 376

2018 NY Slip Op 03607

In the Matter of Commodore Construction Corp., Appellant, v. The Contract Dispute Resolution Board of the City of New York et al., Respondents. Commodore Construction Corp., Appellant, v. City of New York, Respondent. (And Third-Party Actions.)

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

Decided May 17, 2018.

In the article 78 proceeding, the court correctly found that CDRB's determination that Commodore's claims are time-barred had a rational basis (see generally Matter of Beck-Nichols v Bianco, 20 N.Y.3d 540, 559 [2013]). The contract governing the construction project required Commodore to file a notice of dispute within 30 days after nonparty Hill International, Inc. issued a determination related to any of the contractually enumerated...

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