Legal Opinion
A.J. McNulty & Co. v. P. J. Carlin Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 1998PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Charles Ramos, J.), entered November 15, 1996, which granted defendant Aetna’s motion to dismiss the complaint as against it on the ground of a contractual period of limitations, unanimously affirmed, without costs.
The payment bond under which plaintiff claims against defendant Aetna provides that no action may be brought against Aetna more than two years after the complete performance and final settlement of the underlying construction contract. That contract was terminated for convenience by the Metropolitan Transportation Authority (MTA) on May 6,…
2Cases cited2 opinions
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
- Ferran Concrete Co. v. Avon Electrical Supplies Corp.Appellate Division of the Supreme Court of the State of New York · 1987
3Cited by1 opinion
- D.J. Rossetti, Inc. v. Joseph Francese, Inc.Appellate Division of the Supreme Court of the State of New York · 2000