John v. SRM Construction Corp.

Appellate Division of the Supreme Court of New York

John v. SRM Construction Corp.

71 A.D.3d 529, 895 N.Y.S.2d 823

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 18, 2010

StatusPublished

This text of 71 A.D.3d 529 (John v. SRM Construction Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John v. SRM Construction Corp., 71 A.D.3d 529, 895 N.Y.S.2d 823 (N.Y. Ct. App. 2010).

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Opinion

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about October 17, 2008, which, inter alia, denied the motion by SRM Construction Corporation, Fireman’s Fund Insurance, Fidelity Guarantee Insurance Company and The American Insurance Co. for summary judgment dismissing plaintiffs’ claims against the payment bonds, unanimously affirmed, with costs.

In view of the conflicting assertions as to the state of discovery, we cannot say that the surety defendants have [530]*530established their statute of limitations defense as a matter of law. Concur—Friedman, J.P., Sweeny, Nardelli and Freedman, JJ.

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Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about October 17, 2008, which, inter alia, denied the motion by SRM Construction Corporation, Fireman’s Fund Insurance, Fidelity Guarantee Insurance Company and The American Insurance Co. for summary judgment dismissing plaintiffs’ claims against the payment bonds, unanimously affirmed, with costs.

In view of the conflicting assertions as to the state of discovery, we cannot say that the surety defendants have [530]*530established their statute of limitations defense as a matter of law. Concur—Friedman, J.P., Sweeny, Nardelli and Freedman, JJ.

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Bluebook (online)

71 A.D.3d 529, 895 N.Y.S.2d 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-v-srm-construction-corp-nyappdiv-2010.