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UNIVERSAL CONSTR. RESOURCES, INC. v. NEW YORK CITY HOUS. AUTH.

Index Nos. 655920/16, 650913/18. Appeal Nos. 13311-13312-13313. Case Nos. 2019-3721, 2019-3722, 2019-04313.

192 A.D.3d 470 (2021)

144 N.Y.S.3d 162

2021 NY Slip Op 01372

Universal Construction Resources, Inc., Respondent, v. New York City Housing Authority, Appellant.

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

Decided March 9, 2021.

Attorney(s) appearing for the Case

Lisa Bova-Hiatt , General Counsel, New York City Housing Authority, New York ( Gil Nahmias of counsel), for appellant.

Marco & Sitaras, PLLC, New York ( George Marco of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Kapnick, Kennedy, Shulman, JJ.

NYCHA made out a prima facie entitlement to dismissal with documentary evidence showing that UCR failed to serve a notice of claim within 20 days of the accrual dates of the alleged claims, a condition precedent in the contract under Section 23 (see Colonial Sur. Co. v New York City Hous. Auth., 182 A.D.3d 517 [1st Dept 2020]; Universal Constr. Resources, Inc. v New York City Hous. Auth., 176 A.D.3d 642 [1st Dept 2019]; Matter of Intercontinental Constr....

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