Corbex, Inc. v. New York City School Construction Authority

Summary

The Appellate Division, First Department reversed the dismissal of Corbex, Inc.'s breach-of-contract action against the New York City School Construction Authority as time-barred. The court held that the action was timely under Public Authorities Law § 1744(2), or at minimum that factual issues remained regarding when Corbex's claim accrued, and remanded for further proceedings.

Holdings

1. The action was timely commenced because Corbex filed its summons with notice on June 21, 2022, within one year after service of its June 22, 2021 notice of claim.
2. Dismissal was improper because, at minimum, issues of fact existed as to when the claim accrued.

Questions Presented

1. Whether Corbex's action was timely commenced under Public Authorities Law § 1744(2).
2. Whether dismissal was proper where issues of fact existed concerning when Corbex's claim accrued and whether the Authority had denied the claim before the failed mediation.

Disposition

reversed_and_remanded