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TUTOR PERINI BLDG. CORP. v. PORT AUTH. OF N.Y. & N.J.

Index No. 156211/18. Appeal No. 792. Case No. 2022-01847.

221 A.D.3d 471 (2023)

198 N.Y.S.3d 81

2023 NY Slip Op 05702

Tutor Perini Building Corp., Appellant, v. Port Authority of New York and New Jersey, Respondent.

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

Decided November 14, 2023.

Attorney(s) appearing for the Case

Sheppard Mullin , Richter & Hampton LLP, New York ( Emily D. Anderson of counsel), and Nida & Romyn, P.C., Los Angeles, CA ( David C. Romyn of the bar of the State of California, admitted pro hac vic, of counsel), for appellant.

Skadden, Arps, Slate, Meagher & Flom LLP, New York ( Patrick G. Rideout of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Moulton, Higgitt, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered April 11, 2022, which granted defendant's motion to dismiss the complaint for lack of subject matter jurisdiction, unanimously affirmed, without costs.

Supreme Court correctly dismissed the action based on plaintiff's failure to comply with the notice of claim requirements in McKinney's Unconsolidated Laws of NY § 7107.*

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