American Safety Casualty Insurance v. New York City School Construction Authority

Full title: AMERICAN SAFETY CASUALTY INSURANCE COMPANY, Respondent, v. NEW YORK CITY…

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

Date published: Mar 3, 2005

16 A.D.3d 138 (N.Y. App. Div. 2005)

789 N.Y.S.2d 889

Opinion

5341.

March 3, 2005.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered November 19, 2003, which granted plaintiff's motion for summary judgment on liability, directed an assessment of damages, and denied defendant's cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Before: Andrias, J.P., Saxe, Sullivan, Ellerin and Sweeny, JJ.

Plaintiff's notice of claim was timely under the circumstances ( see Koren-DiResta Constr. Co. v. New York City School Constr. Auth., 293 AD2d 189), and the court correctly interpreted the contract provisions at issue ( see Isaacs v. Westchester Wood Works, 278 AD2d 184). Defendant's remaining contentions are unavailing.