Appellate Division of the Supreme Court of the State of New York July 8, 1985 (Horwitz v. American Druggists' Insurance)

In an action to recover $2,526.42 on a labor and material payment bond underwritten by defendant as surety, defendant appeals from an order of the Supreme Court, Dutchess County (Cholakis, J.), dated September 28, 1984, which denied defendant’s motion pursuant to CPLR 3212 to dismiss the action on the ground that, pursuant to State Finance Law § 137, the action was untimely commenced.