SCACCIA CORP v. HARTFORD INS


212 A.D.2d 225 (1995)

628 N.Y.S.2d 746

Scaccia Concrete Corp., Respondent, v. Hartford Fire Insurance Company, Appellant

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

June 19, 1995


Attorney(s) appearing for the Case

Nicholas J. Damadeo, P. C., Plainview, for appellant.

Vincent A. Deiorio, White Plains (Lewis P. Trippett of counsel), for respondent.

ROSENBLATT, THOMPSON and FLORIO, JJ., concur.


BALLETTA, J. P.

State Finance Law § 137 (4) (b) provides, in part, that any action by a subcontractor to recover on a labor and material payment bond issued under the statute must be commenced within one year after final payment to the subcontractor became due. A bond which was not issued under the statute, i.e., a "common-law" bond, will, at times, provide for a longer limitations period within which a...

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