Peekskill City School District v. Colonial Surety Company
| Peekskill City School District |
| Colonial Surety Company |
| 1:2011cv00341 |
| January 18, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Sidney H. Stein |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
29
OPINION & ORDER re: 18 MOTION for Summary Judgment UNDER F.R.C.P. 56 filed by Colonial Surety Company: Peekskill has presented no valid argument for tolling the limitations period that otherwise bars its claims in this action. New York law does not provide for tolling because Peekskill never asserted counterclaims in the prior case. Nor has Peekskill introduced any evidence that Colonial concealed material information or misled Peekskill regarding its rights such that equitable estopp el might be appropriate. Instead, Peekskill simply misunderstood the effect of its litigation decisions on the timeliness of its claims that it now seeks to assert outside of the bond's limitations period. Colonial has demonstrated that it is en titled to judgment as a matter of law in its favor on the basis of the statute of limitations, as to which there is no genuine dispute as to any material fact. The Court therefore grants Colonial's motion for summary judgment on that ground. The Court does not reach Colonial's alternate arguments in favor of summary judgment. (Signed by Judge Sidney H. Stein on 3/18/2014) (tn)
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