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YESHIVA UNIV. v. FID.

116 A.D.2d 49 (1986)

Yeshiva University, Respondent, v. Fidelity and Deposit Company of Maryland, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 25, 1986

Attorney(s) appearing for the Case

Henry James Wallach, P. C., of counsel (Mark S. Gamell with him on the brief; Hart & Hume, attorneys), for appellant.

Martin H. Bockstein of counsel (Steven B. Markin with him on the brief; Sidney Schutz, attorney), for respondent.

SANDLER, J. P., ASCH, KASSAL and ROSENBERGER, JJ., concur.

WALLACH, J.

Defendant Fidelity and Deposit Company of Maryland (Fidelity) appeals from an order denying its motion to dismiss this action as time barred. The action was brought to recover on a performance bond. The bond, a widely utilized, standard form published by the American Institute of Architects, contained a provision limiting the time for commencing an action thereon as follows: "Any suit under this bond...

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