MATTER OF INTERCONTINENTAL CONSTRUCTION CONTRACTING, INC. v. NEW YORK CITY HOUSING AUTHORITY

9559, 101419/15.

173 A.D.3d 453 (2019)

102 N.Y.S.3d 576

2019 NY Slip Op 04478

In the Matter of Intercontinental Construction Contracting, Inc., Appellant, v. New York City Housing Authority, Respondent.

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

Decided June 6, 2019.


Petitioner failed to submit a notice of claim before commencing this proceeding, as required by Public Housing Law § 157 (1) (see Matter of Silvernail v Enlarged City School Dist. of Middletown, 40 A.D.3d 1004 [2d Dept 2007]). Petitioner seeks mandamus to review respondent's determination; it does not seek judicial enforcement of a legal right derived through enactment of positive law, but seeks to vindicate a private right...

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