Allied Environmental Group, Inc. v. Samson Construction Co.

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered August 23, 2006, which denied defendants’ motion to dismiss the complaint on ground of documentary evidence, *522and the third cause of action on the additional ground of statute of limitations, unanimously affirmed, with costs.

There were questions of fact regarding both grounds of this pre-answer motion to dismiss. The surety’s claim that the one year statute of limitations is dispositive, under either the bond or section 137 (4) of the State Finance Law, fails because the record is unclear as to when the work was actually…