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SWING STAGING, INC. v. HARTFORD FIRE INSURANCE COMPANY

269 A.D.2d 193 (2000)

703 N.Y.S.2d 99

SWING STAGING, INC., Appellant, v. HARTFORD FIRE INSURANCE COMPANY, Respondent.

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

Decided February 10, 2000.

Plaintiff is the owner of scaffolding equipment which it leased to Cole, defendant's insured, for use on a construction subcontract at the Warbasse housing project in Brooklyn. The State Finance Law requires a bond to assure performance and payment on such public projects. The bond issued herein specifically incorporated the provisions of State Finance Law § 137, subdivision (4) (b) of which prohibits any action on a payment bond that is "commenced after the expiration...

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