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SPECIALTY v. ST PAUL FIRE INS

99 N.Y.2d 459 (2003)

788 N.E.2d 604

758 N.Y.S.2d 255

SPECIALTY PRODUCTS & INSULATION COMPANY, Respondent, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 2003.

Attorney(s) appearing for the Case

Wolff & Samson, P.A., New York City (Armen Shahinian and Scott D. Baron of counsel), for appellant.

Hogan & Sarzynski, LLP, Johnson City (Wendy K. DeWind of counsel), for respondent.

Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho (Mark S. Gamell and Michael D. Ganz of counsel), for Surety Association of America, amicus curiae.

Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

Chief Judge KAYE.

Specialty Products & Insulation Company, a supplier to a subcontractor on a public improvement project, made several unreimbursed deliveries of materials under an open account arrangement with the subcontractor. In this appeal, we are asked to determine whether the supplier provided timely notice of its claim for payment for those deliveries under State Finance Law...

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