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TRIBORO v. FEDERAL

45 A.D.3d 134 (2007)

841 N.Y.S.2d 600

TRIBORO HARDWARE & SUPPLY CORP., Appellant-Respondent, v. FEDERAL INSURANCE COMPANY et al., Respondents-Appellants.

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

September 4, 2007.

Attorney(s) appearing for the Case

Dunnington, Bartholow & Miller LLP (Levin & Glasser, P.C., New York City [Steven I. Levin of counsel]), for appellant-respondent.

Matthew T. Worner (Ledy-Gurren Bass & Siff, LLP, New York City [Deborah Bass and Nancy Ledy-Gurren of counsel]), for respondents-appellants.

MILLER, J.P., FISHER and DILLON, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.

In Specialty Prods. & Insulation Co. v St. Paul Fire & Mar. Ins. Co. (99 N.Y.2d 459 [2003]), the Court of Appeals held that on a public improvement project subject to State Finance Law § 137, the time within which a supplier of materials must give notice of a claim for payment under the statutory payment bond, in order to be timely, is measured from the final delivery...

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