Triple Cities Construction Co. v. State

OPINION OF THE COURT

Louis C. Benza, J.

By order to show cause, defendant has moved for summary judgment dismissing this claim pursuant to CPLR 3212 (b) on the grounds that claimant failed to comply with section 145 of the State Finance Law.

State Finance Law § 145 provides that if a contractor accepts final payment under the contract, his claim will be waived unless (1) he serves a verified statement of claim upon the public body concerned (here, the New York State Department of Transportation [hereinafter DOT]) not later than 40 days after the mailing of the final payment, and (2) he…