The following e-filed documents, listed by NYSCEF document number (Motion 002) 14, 15, 16, 17, 18, 28, 29, 31, 32 were read on this motion to/for DISMISS.DECISION + ORDER ON MOTION This action arises out of Defendants’ alleged sale of defective artificial turf to the State of New York and the City of New York (collectively, the “Government”). Relator Kenny Gilman commenced this qui tam action pursuant to the New York False Claims Act (“NYFCA”) and New York City False Claims Act (“NYCFCA”) on behalf of the Government alleging that Defendants (“FieldTurf”) knowingly sold defective artificial turf to the Government from 2006 to 2010. Relator seeks to recover damages and civil penalties under the NYFCA and NYCFCA arising from FieldTurf’s purported presentation of false claims and records to the Government in connection with the Government’s purchase of FieldTurf’s artificial turf products which were installed at various public schools and parks in the State.Presently pending before the Court is FieldTurf’s motion to dismiss the complaint for failure to state a claim and as time-barred by the statute of limitations. For the reasons stated herein, the motion to dismiss is granted in part and denied in part.BackgroundFieldTurf manufactures and installs artificial turf fields for use at parks and schools. Relator’s father, John Gilman, was the founder of Defendant FieldTurf and served as its CEO until his death in July 2007. Relator Kenny Gilman allegedly worked for FieldTurf for nine years as a Senior Operations Executive and Executive Director until September 2008 when he was purportedly fired. During his tenure, Relator allegedly became concerned that FieldTurf’s products were defective and were not living up to the company’s marketing representations regarding the product’s durability.As early as February 2005, one of FieldTurf’s products, Duraspine, showed a drastic decrease in durability during testing. By December 2005, FieldTurf was allegedly notified that the material used in its product was defective and lacked durability. FieldTurf’s internal correspondence tends to show a concern among executives that its turf fields were failing less than a year after installation, and that such defects would expose FieldTurf to tens of millions of dollars in replacement costs. (See Complaint
