Becker-Fineman Camps, Inc. v. Public Service Mutual Insurance

Appeal from an order of the Supreme Court at Special Term, entered January 10, 1974 in Albany County, which denied defendant’s motion for summary judgment dismissing the complaint. Plaintiff commenced this action to recover on a fire insurance policy issued by defendant. The defendant’s answer, in addition to numerous denials, contains six separate and distinct defenses. Defendant’s motion for summary judgment was based on its second affirmative defense, that the action was not commenced within 12 months after the fire loss. This short period of limitations of 12 months is normally inserted…