Haun Welding Supply, Inc. v. National Union Fire Insurance Co. of Pittsburgh

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: On appeal from a judgment awarding pláintiff the sum of $76,972.25, inclusive of prejudgment interest at the statutory rate from October 31, 1993, costs and disbursements, defendant contends that Supreme Court erred in concluding that plaintiff made a timely claim under the terms of a labor and material payment bond with respect to deliveries made by plaintiff to a subcontractor more than 90 days before the claim was made. On its cross appeal from the judgment,…