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BG NATL. PLUMBING & HEATING, INC. v. NEW YORK CITY SCH. CONSTR. AUTH.

2019-03444. Index No. 706681/14.

195 A.D.3d 580 (2021)

2021 NY Slip Op 03435

BG National Plumbing & Heating, Inc., Appellant v. New York City School Construction Authority, Respondent.

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

Decided June 2, 2021.

Attorney(s) appearing for the Case

Mark L. Cortegiano , Middle Village, NY ( Derek Piersiak and Diana J. Demirdjan of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Jeremy W. Shweder and Barbara Graves-Poller of counsel), for respondent.

Rivera, J.P., Dillon, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

In May 2012, the plaintiff was the successful bidder on a project to perform accessibility and electrical upgrades for the defendant. Pursuant to the subject bid and contract agreement, the plaintiff was to substantially complete the work on the project on or before "730 continuous calendar days," commencing from the "Notice to Proceed" date of June 18, 2012. On December 19, 2013, the plaintiff filed a notice of claim...

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