Specialty Products & Insulation Co. v. St. Paul Fire & Marine Insurance

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 § 137 (3), so as to be entitled to payment under the labor and materials payment bond posted for the project. The issue boils down to whether, in an open account arrangement, the statutory…