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A.J. McNULTY & CO., INC. v. P.J. CARLIN CONSTR. CO.

247 A.D.2d 254 (1998)

669 N.Y.S.2d 29

A. J. McNulty & Co., Inc., Appellant, v. P. J. Carlin Construction Company et al., Defendants, and Aetna Casualty and Surety Company, Respondent

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

February 10, 1998

The payment bond under which plaintiff claims against defendant Aetna provides that no action may be brought against Aetna more than two years after the complete performance and final settlement of the underlying construction contract. That contract was terminated for convenience by the Metropolitan Transportation Authority (MTA) on May 6, 1988, and final settlement took place on July 29, 1992. Complete performance of the contract was accomplished when the MTA terminated...

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