J & A Concrete Corp. v. St. Paul Mercury Insurance

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about August 7, 2007, which, in an action by a subcontractor at a public improvement project against its contractor and the latter’s surety, granted the surety’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, with costs.

The subject labor and material payment bond, issued on behalf of defendant contractor, as principal, in favor of nonparty site owner, as obligee, clearly and unambiguously limits the time to commence an action to one year following the date on which contractor…