Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: On appeal from a judgment awarding plaintiff the sum of $76,972.25, inclusive of prejudgment interest at the statutory rate from October 31, 1993, costs and disbursements, defendant contends that Supreme Court erred in concluding that plaintiff made a timely claim under the terms of a labor and material payment bond with respect to deliveries made by...
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