Appellate Division of the Supreme Court of the State of New York December 8, 2011 (Phoenix Erectors, LLC v. Fogarty)

Within a four-month period in early 2002, Hera Construction, Inc. (Hera), a general contractor, commenced a New York action against plaintiff, a subcontractor, for breach of a construction contract, and plaintiff commenced a New Jersey action to recover payments under the construction contract from Hera and a surety from whom Hera had obtained a $1.