Legal Opinion
1303 Webster Avenue Realty Corp. v. Great American Surplus Lines Insurance
New York Court of Appeals
Decided October 23, 1984PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In this action on two policies of fire insurance, defendants moved to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 5) on the ground that the action was not brought within two years from the date of the loss for which recovery is sought. Both plaintiff and defendants submitted affidavits and other evidentiary proof in connection with the motion. It is not disputed that plaintiff did not commence this suit within the two-year limitations period prescribed by subdivision 5 of section 168 of the Insurance Law.
Special Term denied defendants’ motion, stating that…
3Cases cited2 opinions
- Bersani v. General Accident Fire & Life Assurance Corp.New York Court of Appeals · 1975
- Medical Facilities, Inc. v. PrykeNew York Court of Appeals · 1984
4Cited by14 opinions
- TAG 380 v. ComMet 380, Inc.New York Court of Appeals · 2008
- SR International Business Insurance v. World Trade Center Properties, LLCDistrict Court, S.D. New York · 2005
- Hassett v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- Quaker Hills, LLC v. Pacific Indemnity Co.Court of Appeals for the Second Circuit · 2013
- Susan Terry v. Unum Life Insurance Company of America and National Life Insurance Company, No. 04-0947-CvCourt of Appeals for the Second Circuit · 2005
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