AMERICAN BUILDING CONTRACTORS ASSOCIATES, INC. v. MICA & WOOD CREATIONS, LLC.


23 A.D.3d 322 (2005)

804 N.Y.S.2d 109

AMERICAN BUILDING CONTRACTORS ASSOCIATES, INC., Appellant, v. MICA & WOOD CREATIONS, LLC, Defendant, and FOURMEN CONSTRUCTION, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 2005.


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondents.

The Supreme Court erred in concluding as a matter of law that the appellant failed to give the requisite written notice under State Finance Law § 137 (3), on the ground that its letter dated November 12, 2002, to the defendant Fourmen Construction, Inc. (hereinafter Fourmen...

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