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WINDSOR METAL v. GEN. ACC.

94 N.Y.2d 124 (1999)

722 N.E.2d 58

700 N.Y.S.2d 90

WINDSOR METAL FABRICATIONS, LTD., Respondent, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1999.

Attorney(s) appearing for the Case

Wolff & Samson, P.A., New York City (Armen Shahinian and Scott D. Baron of counsel), and Couch White, L. L. P., Albany (Leslie F. Couch of counsel), for appellant.

Sol Kodsi, New York City, for respondent.

Gresens & Gillen, L. L. P., Buffalo (James W. Gresens of counsel), for General Building Contractors of New York State, Inc., amicus curiae.

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

Edward G. Gallagher, Martha L. Perkins, Washington D.C., and Brown & Kelly, L. L. P., Buffalo (Frederick D. Turner of counsel), for Surety Association of America and another, amici curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

BELLACOSA, J.

This case presents the puzzle of when the one-year limitations period for suing a surety on a public improvement construction bond begins to run, within the meaning of State Finance Law § 137 (4) (b). Also implicated is whether contractual provisions in a subcontract can effectively toll the statutory time period.

We conclude that the one-year period starts to be counted as of the time when a subcontractor...

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