§ 756-d. Exceptions for failure of lender to disburse funds. The date of payment required by the owner, the contractor and/or subcontractor pursuant to section seven hundred fifty-six-a of this article, shall be extended to the seventh day after the owner, contractor or subcontractor, as the case may be, receives loan proceeds necessary to make such payment in the event that:
1. the owner, contractor or subcontractor, as the case may be, has obtained a loan intended to pay for all or part of the construction contract;
2. the owner, contractor or subcontractor, as the case may be, has timely requested disbursement of proceeds from that loan; and
3. the lender is legally obligated to disburse such proceeds to the owner, contractor or subcontractor, as the case may be, but has failed to do so in a timely manner.
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