Dail v. Merchants Mutual Insurance

OPINION OF THE COURT

Carni, J.

This appeal presents the issue whether the one-year extension of time in CPLR 210 (a) to commence an action that is afforded to a decedent’s representative applies to the standard two-year period of limitations contained in homeowner’s insurance policies, such as defendant’s policy, pursuant to Insurance Law § 3404 (e). For the reasons that follow, we conclude that Supreme Court properly determined that it does and thus that the order denying defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) should be affirmed.

The underlying facts…