The subject labor and material payment bond, issued on behalf of defendant contractor, as principal, in favor of nonparty site owner, as obligee, clearly and unambiguously limits the time to commence an action to one year following the date on which contractor "ceased work" on its contract with the owner. The phrase "ceased work" should be given its plain and ordinary meaning, i.e., "stopped performing labor" (Sea Crest Constr. Corp. v Amwest Sur. Ins. Co.,
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J & A CONCRETE CORP. v. ST. PAUL MERCURY INSURANCE COMPANY
48 A.D.3d 334 (2008)
851 N.Y.S.2d 548
J & A CONCRETE CORP., Appellant, v. ST. PAUL MERCURY INSURANCE COMPANY, Respondent, et al., Defendant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided February 26, 2008.
Decided February 26, 2008.
Appellate Division of the Supreme Court of the State of New York, First Department.
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