—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated January 12, 1993, which, inter alia, granted the defendant’s motion for summary judgment dismissing the complaint, and denied the plaintiff’s cross motion for leave to serve an amended complaint.
Ordered that the order is affirmed, with costs.
Furthermore, the plaintiffs contention that article 24 is not applicable to disputes involving excavation of additional rock is unsupported by the record and is without merit. Article 24 is the contract provision which covers claims for additional compensation. The plaintiff now argues that article 24 is irrelevant to claims involving excavation of additional rock because the contract included a provision to determine compensation for the excavation of additional rock. While article 23 may provide for additional compensation for removal of extra rock at a price to be determined with reference to the set unit price of $210 per cubic yard, it is article 24 which sets forth the relevant provisions regarding the method to be used by the plaintiff in submitting its claims for additional compensation. Since the plaintiff failed to satisfy the relevant notice requirements of article 24, the court properly awarded judgment to the defendant as a matter of law. Moreover, since the plaintiff failed to comply with the notice requirements of article 24, the court properly denied its cross-motion to amend its complaint to plead compliance therewith (see, Staines v Nassau Queens Med. Group, 176 AD2d 718).
We have reviewed the plaintiff's remaining contentions and find them to be without merit. Sullivan, J. P., Rosenblatt, Miller and Ritter, JJ., concur.
