Klemitt Construction Corp. v. Board of Education

This motion by the defendant for partial summary judgment dismissing the second and third causes of action is granted.(1) The motion to dismiss the second cause of action is predicated on the one-year limitation of time within which to commence an action contained in the contract entered into between the parties. Such a provision has been recognized and enforced by the courts (Lowry v. Inman, 46 N. Y. 119; Fortunato v. Patten, 147 N. Y. 277; Sullivan v. Prudential Ins. Co., 172 N. Y. 482).(2) Pursuant to article 67 of the contract “no action shall lie or be maintained against the Board or the…