Legal Opinion
Windsor Metal Fabrications, Ltd. v. General Accident Insurance
New York Court of Appeals
Decided November 30, 1999PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
This case presents the puzzle of when the one-year limitations period for suing a surety on a public improvement construction bond begins to run, within the meaning of State Finance Law • § 137 (4) (b). Also implicated is whether contractual provisions in a subcontract can effectively toll the statutory time period.
We conclude that the one-year period starts to be counted as of the time when a subcontractor has demanded final payment from the general contractor with whom it contracted, and 90 days have passed since the subcontractor ceased work on the project.…
2Cases cited3 opinions
- Schuler-Haas Electric Co. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1976
- Sturdy Concrete Corp. v. NAB Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- A.C. Legnetto Construction, Inc. v. Hartford Fire InsuranceNew York Court of Appeals · 1998
3Cited by7 opinions
- Clean Earth of North Jersey, Inc. v. Northcoast Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- A. Servidone, Inc. v. Bridge Technologies, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001
- Specialty Products & Insulation Co. v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 2003
- American Architectural, Inc. v. MarinoNew York Supreme Court · 2011
- Phelps Guide Rail v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 2006
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