FOCUS & STRUGA BUILDING DEVELOPERS, LLC v. 1330 3D AVENUE CORP.

9995, 110303/11.

176 A.D.3d 439 (2019)

112 N.Y.S.3d 88

2019 NY Slip Op 07150

Focus & Struga Building Developers, LLC, Appellant, v. 1330 3d Avenue Corp., Respondent.

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

Decided October 3, 2019.


Attorney(s) appearing for the Case

Andrew Lavoott Bluestone , New York, for appellant.

Gallet Dreyer & Berkey, LLP, New York ( Michelle P. Quinn of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Singh, JJ.


Under the terms of the parties' contract, plaintiff was required to commence any action related to the contracted work within a year of the "substantial completion" of the work or "the last day on which Contractor performed Work at the site or delivered material to the site, whichever occurs first." Plaintiff alleged in its verified complaint dated September 6, 2011, that it last performed labor at or supplied materials to the site on July 16, 2010, more than one year before...

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