RELIANCE INS CO v. POLYVISION


9 N.Y.3d 52 (2007)

876 N.E.2d 898

845 N.Y.S.2d 212

RELIANCE INSURANCE COMPANY, Appellant, v. POLYVISION CORPORATION, Formerly Known as INFORMATION DISPLAY TECHNOLOGY, Respondent. SOVEREIGN COMMERCIAL GROUP, INC., Third-Party Plaintiff-Respondent; PIERCE & STEVENS CORPORATION et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided October 11, 2007.


Attorney(s) appearing for the Case

Post & Schell, P.C. (Gary A. Wilson and John W. Dornberger of the Pennsylvania bar, admitted pro hac vice, of counsel), for appellant.

Bivona & Cohen, P.C., New York City (Anthony McNulty and Michael C. Modansky of counsel), and Gallagher, Gosseen, Faller & Crowley, Garden City (James F. Gallagher of counsel), for respondent.

Costello Shea & Gaffney LLP, New York City (Steven E. Garry of counsel), for third-party plaintiff-respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

Chief Judge KAYE.

In this protracted dispute between a construction surety and the suppliers of allegedly deficient materials, the United States Court of Appeals for the Second Circuit asks us to determine whether CPLR 205 (a)—which, in appropriate instances, adds a six-month grace period to the statute of limitations—permits a corporation to refile an action originally commenced in the name of a different, related corporate...

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