Opinion
Argued March 21, 1972
Decided April 26, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROSCOE V. ELSWORTH, J.
Marshall C. Lipton for appellant.
Jerrold Morgulas for respondents.
Order affirmed, with costs, in the following memorandum: The letter, dated November 16, 1967, sent by the plaintiff to the defendant general contractor — in which it announced that "[w]e are therefore proceeding with a lien against [the] job" — may not be regarded as the notice which section 137 of the State Finance Law requires as a condition precedent to an action on the general contractor's payment bond by a person who furnishes materials to a subcontractor. We pass on no other question.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.