ULSTER ELECTRIC SUPPLY v. MARYLAND CASUALTY COMPANY

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.