There were questions of fact regarding both grounds of this pre-answer motion to dismiss. The surety's claim that the one year statute of limitations is dispositive, under either the bond or section 137 (4) of the State Finance Law, fails because the record is unclear as to when the work was actually concluded, notwithstanding the conclusory averments of Samson's chief officer that it had completed the work in August 2004. The surety sent a letter prior to the expiration...
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