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LAKHI GEN. CONTR., INC. v. NEW YORK CITY HOUS. AUTH.

Index No. 651957/17. Appeal No. 12574. Case No. 2019-4720.

189 A.D.3d 480 (2020)

138 N.Y.S.3d 5

2020 NY Slip Op 07314

Lakhi General Contractor, Inc., Appellant, v. New York City Housing Authority, Respondent.

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

Decided December 8, 2020.

Attorney(s) appearing for the Case

David Gevanter , Lindenhurst, for appellant.

Lisa Bova-Hiatt , New York ( Lauren L. Esposito of counsel), for respondent.

Concur—Acosta, P.J., Gische, Oing, González, Kennedy, JJ.

Plaintiff entered into a contract with defendant to perform certain work on public housing developments operated by defendant. Section 23 of the contract provided that if plaintiff claimed that any instructions given it by defendant involved extra work, then plaintiff would submit a notice of such claim within 20 days after the claim arises. The court correctly ruled that the notice of claim that plaintiff filed on June 27, 2016, was untimely, because plaintiff could have...

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