Eastman Kodak Co. v. Prometheus Funding Corp.

—Judgment, Supreme Court, New York County (Herman Cahn, J.), entered September 5, 2000, dismissing the complaint, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered August 28, 2000, granting defendant’s motion to dismiss the complaint pursuant to CPLR 3211 as time-barred, unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.

Defendant is sued as the successor in interest to Frank B. Hall & Co., an insurance broker through which plaintiff purchased numerous excess and/or umbrella liability policies. Plaintiff alleges that…