Order unanimously affirmed without cost.
Memorandum:
State Finance Law § 137 (3) created a cause of action in favor of a materialman against moneys due or to become due to a contractor pursuant to its contract with the State where one did not otherwise exist. It is a condition precedent to bringing the action that written notice of the claim be given within 120 days from the date on which the last of the material was furnished. The notice must be served...
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