Triple Cities Construction Co. v. State

OPINION OF THE COURT

Lawton, J.

The State of New York contends that its motion for summary judgment should have been granted because claimant contractor failed to serve its claim “within six months after the mailing of the final payment” (State Finance Law § 145). It asserts that the Court of Claims erred in concluding that final payment occurred when the State Bank of Albany mailed claimant its securities, which were being held in lieu of retainage (see, State Finance Law § 139 [3]). Although we agree with the State that the mailing of the securities was not the date of final payment, we…