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P.A.L. ENVTL. SAFETY CORP. v. APS CONTR., INC.

452131/18. Appeal No. 14755. Case No. 2021-00880.

200 A.D.3d 411 (2021)

154 N.Y.S.3d 774

2021 NY Slip Op 06755

P.A.L. Environmental Safety Corp., Doing Business as PAL Environmental Services, Plaintiff, v. APS Contracting, Inc., et al., Defendants. APS Contracting, Inc., Second Third-Party Plaintiff-Respondent, v. New York City Housing Authority, Second Third-Party Defendant-Appellant. (And a Third-Party Action.).

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Lisa Bova-Hiatt , New York City Housing Authority, New York ( Amanda McLoughlin of counsel), for appellant.

Goetz Fitzpatrick LLP, New York ( Victor Rivera Jr. of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.

All second third-party plaintiff's (APS Contracting) notices of claim were either untimely or facially insufficient, or both, for failing to state APS Contracting's claimed damages under the requirements of the parties' contract (see Universal Constr. Resources, Inc. v New York City Hous. Auth., 192 A.D.3d 470, 471 [1st Dept 2021]; Matter of Intercontinental Constr. Contr., Inc. v New York City Hous. Auth., 173 A.D.3d 453, 454 [1st Dept 2019]; Start El.,...

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