Reliance Ins. Co. v Polyvision Corp.

Argued September 5, 2007; decided October 11, 2007

{**9 NY3d at 54} OPINION OF THE COURT

Chief Judge Kaye.

In this protracted dispute between a construction surety and the sup.....

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Argued September 5, 2007; decided October 11, 2007

{**9 NY3d at 54} OPINION OF THE COURT

Chief Judge Kaye.

In this protracted dispute between a construction surety and the suppliers of allegedly deficient materials, the United States Court of Appeals for the Second Circuit asks us to determine whether CPLR 205 (a)”which, in appropriate instances, adds a six-month grace period to the statute of limitations”permits a corporation to refile an action originally commenced in the name of a different, related corporate entity and subsequently dismissed for naming the wrong plaintiff. We conclude that it does not.{**9 NY3d at 55}

Background

In 1987, the Lindenhurst School Board contracted with Park Construction to perform window and curtain wall replacement at the Lindenhurst Senior High School and Junior High School. Plaintiff Reliance Insurance Company (RIC), a Pennsylvania company, issued two [*2]bonds insuring Park’s performance of those projects. During this same period, Reliance Insurance Company of New York (RNY), allegedly at the time a wholly-owned New York subsidiary of RIC, issued similar bonds with the same obligee”the Lindenhurst School District”to ensure performance of a different elementary school construction project.

Reliance Ins. Co. v Polyvision Corp.

Argued September 5, 2007; decided October 11, 2007 {**9 NY3d at 54} OPINION OF THE COURT Chief Judge Kaye. In this protracted dispute between a construction surety and the sup.....

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Argued September 5, 2007; decided October 11, 2007

{**9 NY3d at 54} OPINION OF THE COURT

Chief Judge Kaye.

In this protracted dispute between a construction surety and the sup.....