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Ulster Electric Supply Co. v. Maryland Casualty Co.

30 N.Y.2d 712 Court N.Y. Decision date 1972-04-26 English

Contents
p. 712
Ulster Electric Supply Co., Inc., Appellant, v. Maryland Casualty Company et al., Respondents, et al., Defendant.
Argued March 21, 1972;
decided April 26, 1972.
p. 713
Marshall C. Lipton for appellant.
Jerrold Morgulas for respondents.

The letter, dated November 16, 1967, sent by the plaintiff to the defendant general contractor — in which it announced that “ [w]e are therefore proceeding with a lien against [the] job ” —may not be regarded as the notice which section 137 of the State Finance Law requires as a condition precedent to an action on the general contractor’s payment bond by a person who furnishes materials to a subcontractor. We pass on no other question.

Concur: Chief Judge Fuld and Judges Bubke, Scileppi, ' Bergan, Breitel, Jasen and Gibson.