New York Court of Appeals, 1972

Ulster Electric Supply Co. v. Maryland Casualty Co.

Ulster Electric Supply Co. v. Maryland Casualty Co.
New York Court of Appeals · Decided April 26, 1972
30 N.Y.2d 712; 283 N.E.2d 622; 332 N.Y.S.2d 648; 1972 N.Y. LEXIS 1373

Ulster Electric Supply Co. v. Maryland Casualty Co.

Concurring Opinion

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

Opinion of the Court

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.

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