Allstate Insurance v. Stanley

Order, Supreme Court, New York County (Eileen Bransten, J.), entered March 15, 2013, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to dismiss the first, second and third causes of action, unanimously affirmed, with costs.

As the parties agree, the applicable statute of limitations for plaintiffs’ claims is determined by the law of Illinois, where the claims arose (CELR 202; Global Fin. Corp. v Triarc Corp., 93 NY2d 525 [1999]). While no Illinois court has ruled on the issue, we agree with the IAS court that the better reading of the tolling provisions…