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HILTI, INC. v. SOVEREIGN BLDG.

188 Misc.2d 100 (2001)

727 N.Y.S.2d 573

HILTI, INC., Respondent, v. SOVEREIGN BUILDING CORP., Defendant, and TRATAROS CONSTRUCTION, INC., et al., Appellants.

Supreme Court, Appellate Term, Second Department.

January 29, 2001.

Attorney(s) appearing for the Case

Scotto, Georgoulis & Dockery, New York City (Chris Georgoulis, Linda Moreno and Susan R. Nudelman of counsel), for appellants.

Sunshine, Slott & Sunshine, P. C., New York City (Robert W. Slott of counsel), for respondent.

SCHOLNICK, P. J., ARONIN and PATTERSON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by vacating the finding that the "invoices were part of a continuing order on the contract" and the conclusion that the written notice of claim and the institution of the action regarding all the invoices were timely as a matter of law; as so modified, affirmed without costs.

The State Finance Law provides that the prime contractor of construction...

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