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S.J. Fuel Co., Inc. v. New York City Housing Authority

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 4, 2010

S.J. FUEL CO., INC., PLAINTIFF-APPELLANT,
v.
THE NEW YORK CITY HOUSING AUTHORITY, ETC., DEFENDANT-RESPONDENT.

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered March 24, 2009, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Renwick, DeGrasse, Abdus-Salaam, JJ.

601609/08

Contrary to plaintiff's contention, neither prior dealings among the parties nor actual knowledge by defendant of plaintiff's claims and alleged damages relieved plaintiff of the obligation to serve a timely and sufficiently detailed notice of claim (Promo-Pro Ltd. v Lehrer McGovern Bovis, 306 AD2d 221 [2003], lv denied 100 NY2d 628 [2003]). Nor did defendant's alleged breach of the contract estop it from relying on plaintiff's failure to comply with the notice of claim provisions, since the breach, even if it occurred, did not prevent plaintiff from complying with those provisions (A.H.A. Gen. Constr. v New York City Hous. Auth., 92 NY2d 20 [1998]). In light of the foregoing, we do not reach the statute of limitations issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100504

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