ULSTER ELEC. SUPPLY CO., INC. v. MARYLAND CAS. CO.


30 N.Y.2d 712 (1972)

Ulster Electric Supply Co., Inc., Appellant, v. Maryland Casualty Company et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 26, 1972.


Attorney(s) appearing for the Case

Marshall C. Lipton for appellant.

Jerrold Morgulas for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Order affirmed, with costs, in the following memorandum: 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...

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