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FIVE STAR CONTR. COMPANIES, INC. v. FASHION INST. OF TECH.

Index No. 650707/13. Appeal No. 13707-13707A. Case No. 2020-02053.

194 A.D.3d 405 (2021)

143 N.Y.S.3d 196

2021 NY Slip Op 02740

Five Star Contracting Companies, Inc., Respondent, v. Fashion Institute of Technology, Appellant.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Windels Marx Lane & Mittendorf, LLP, New York ( Scott R. Matthews of counsel), for appellant.

Paul T. Vink, PC, White Plains ( Paul T. Vink of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.

The court correctly ruled that the action was timely filed under the relation-back doctrine (see Buran v Coupal, 87 N.Y.2d 173, 179 [1995]; Ramirez v Elias-Tejada, 168 A.D.3d 401 [1st Dept 2019]).

The claims for damages for "extra work" challenged by defendant must be dismissed, because plaintiff admittedly failed to comply with the public works contract's 15-day extra-work notice...

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