Pezenik v. Massachusetts Bonding & Insurance

The decision in Comey v. United Surety Co. (217 N. Y. 268), that the short Statute of Limitations contained in the bond therein was not a defense, was not based on a determination that the date from which the period of limitation ran was indefinite. Rather, the court held that by the language of the bond the limitation applied only to claims arising after completion of the work and that, therefore, it did not bar a cause of action for damages for refusal to complete the work. We find that the limitation in the instant bond likewise applies only to claims arising after completion of the work.…