Sterling Glass was sued by the owners of the Niagara University Academic Complex for failing to complete certain work.
And when Sterling attempted to have the case thrown out--because the terms of its performance bond required that any claims be made within two years after the work ended--the Niagara County Supreme Court sided with the contractor.
But, on appeal, the Appellate Division, Fourth Department, thought the owners’ case wasn’t time-barred under the contractual limitations period, because the Complex had raised an “issue of fact” as to the date on which Sterling had last performed work.
Will someone get tarnished?
To view a copy of the Appellate Division’s decision, please use this link: Niagara Univ. & Niagara Univ. Ice Complex, Inc. v. The Hanover Ins. Co.