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LEGNETTO CONSTR. v. HARTFORD

92 N.Y.2d 275 (1998)

702 N.E.2d 830

680 N.Y.S.2d 45

A.C. Legnetto Construction, Inc., Appellant, v. Hartford Fire Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided October 15, 1998.

Attorney(s) appearing for the Case

Bryant, O'Dell & Basso, Syracuse (Vic J. Kopnitsky and Robert F. Silkey of counsel), for appellant.

Melvin & Melvin, L. L. P., Syracuse (Edward J. Sheats, Jr., of counsel), for respondent.

Scotto, Georgoulis, Dockery & Scotto, New York City (Michael McDermott of counsel), for Trataros Construction Inc., amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur.

WESLEY, J.

This case requires us to identify the appropriate applicable Statute of Limitations in an action on a municipal construction bond. Prior to 1985, the resolution of this question would have focused on whether the bond was properly classified as a common-law or a statutory obligation. However, given the 1985 amendment to State Finance Law § 137, making payment bonds mandatory on municipal projects...

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