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John v. SRM Construction Corp.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 18, 2010

ORMIT JOHN, ET AL., PLAINTIFFS-RESPONDENTS,
v.
SRM CONSTRUCTION CORPORATION, ET AL., DEFENDANTS-APPELLANTS, CLINTONVILLE CONSTRUCTION CORP. , ET AL., DEFENDANTS.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about October 17, 2008, which, inter alia, denied the motion by SRM Construction Corporation, Fireman's Fund Insurance, Fidelity Guarantee Insurance Company and The American Insurance Co. for summary judgment dismissing plaintiffs' claims against the payment bonds, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., Sweeny, Nardelli, Freedman, JJ.

20895/99

In view of the conflicting assertions as to the state of discovery, we cannot say that the surety defendants have established their statute of limitations defense as a matter of law.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100318

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