STERLING NATIONAL BANK v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA

7152, 7153, 7154, 601543/04.

93 A.D.3d 543 (2012)

939 N.Y.S.2d 858

2012 NY Slip Op 2062

STERLING NATIONAL BANK, Appellant, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Respondent.

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

Decided March 20, 2012.


By letter dated May 9, 2002, plaintiff's general counsel gave defendant notice of the discovery of a loss under the subject bond. Plaintiff commenced this action on May 21, 2004. Since the action was not commenced within two years after the discovery of the loss, as required by the bond, it was untimely.

Contrary to plaintiff's contention, the June 2003 letter agreement between the parties did not toll the contractual limitations period. It contains no language tolling...

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