Catanzano v. Warren Rosen & Co.

Order, Supreme Court, New York County (Herman Cahn, J.), entered May 20, 2004, which, to the extent appealed from, granted defendants’ motion insofar as to dismiss plaintiff’s negligent misrepresentation and Insurance Law § 2123 claims as time-barred, unanimously affirmed, without costs.

Inasmuch as the representations that allegedly induced plaintiffs purchase of the purportedly nonconforming insurance coverage were made no later than 1990 and this action was not commenced until 2002, plaintiffs negligent misrepresentation and Insurance Law § 2123 claims were time-barred (see CPLR 213 [1];…