Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly dismissed the complaint on Statute of Limitations grounds (see, CPLR 3211 [a] [5]). Even assuming, arguendo, that the limitations period of State Finance Law § 137 applies, plaintiff, a subcontractor, failed timely to commence this action against defendant, which issued a labor and materials bond under that section. An action on a bond issued under that section must be...
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