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START ELEVATOR, INC., plf-ap, v. NEW YORK CITY HOUSING AUTHORITY, def-res

10007. START ELEVATOR, INC., plf-ap, v. NEW YORK CITY HOUSING AUTHORITY, def-res — Agulnick & Gogel, LLC, Great Neck (William A. Gogel of counsel), for ap — Kelly D. MacNeal, New York (Lauren L. Esposito of counsel), for res — Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered June 1, 2010, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.

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10007. START ELEVATOR, INC., plf-ap, v. NEW YORK CITY HOUSING AUTHORITY, def-res — Agulnick & Gogel, LLC, Great Neck (William A. Gogel of counsel), for ap — Kelly D. MacNeal, New York (Lauren L. Esposito of counsel), for res — Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered June 1, 2010, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff’s contention that its April 28 and May 4, 2004 letters constituted a notice of claim pursuant to section 23 of the parties’ contract is unavailing (see e.g. Bat-Jac Contr. v. New York City Hous. Auth., 1 AD3d 128, 129 [1st Dept 2003]). The April 28 letter merely stated that plaintiff would forward an estimate for the increased cost due to the change from ceramic tiles to glazed structural brick; however, section 23(a) requires that a notice of claim state the “amount of the extra cost.” Although plaintiff’s May 4 letter stated the amount of the extra cost, it was “not designated as a notice of claim” (Bat-Jac, 1 AD3d at 128; see also Everest Gen. Contrs. v. New York City Hous. Auth., 99 AD3d 479, 479-480 [1st Dept 2012]), and instead was a change order form requiring defendant to accept and approve the change by signing it. Defendant’s signature does not appear on the May 4 letter.

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