Triboro Hardware & Supply Corp. v. Federal Insurance

OPINION OF THE COURT

Angiolillo, J.

In Specialty Prods. & Insulation Co. v St. Paul Fire & Mar. Ins. Co. (99 NY2d 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 of materials for which claim is made, rather than from the date of each separate delivery of materials. Similarly, we now hold that the timeliness of the claim of the plaintiff in this case for…