Opinion
2001-05421
Argued May 23, 2002.
June 18, 2002
In an action to recover on a labor and material bond underwritten by a surety, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Dolan, J.), dated May 18, 2001, which granted the defendant's motion for summary judgment dismissing the complaint and to impose a sanction against the plaintiff, and denied its cross motion for summary judgment.
Sol Kodsi, New York, N.Y., for appellant.
Wolff Samson, P.A., New York, N.Y. (Scott D. Baron of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
ORDERED that the order is affirmed, with costs.
The doctrine of res judicata bars the plaintiff from raising the argument that the applicable statue of limitations was tolled by the operation of CPLR 204 since this could have been raised in the prior proceeding between the parties. In any event, under the circumstances of this case, it was not tolled pursuant to CPLR 204 (see Windsor Metal Fabrications v. General Accident Ins. Co. of America, 94 N.Y.2d 124; Matter of New York State Dormitory Auth. v. Board of Trustees, 239 A.D.2d 501).
The plaintiff's remaining contention is without merit.
FLORIO, J.P., SMITH, FRIEDMANN and H. MILLER, JJ., concur.