Legal Opinion

Albert Frassetto Enterprises v. Hartford Fire Insurance Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 2016Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered July 16, 2015. The order denied defendant’s motion for summary judgment dismissing plaintiff’s complaint.

It is hereby ordered that the order so appealed from is *1557unanimously reversed on the law without costs, the motion is granted, the complaint is dismissed, the counterclaim is granted and judgment is granted in favor of defendant as follows:

It is adjudged and declared that plaintiff’s claim for special business income losses under the subject policy is time-barred by the contractual limitation period.

Mem…

2Cases cited5 opinions

  1. Universal American Corp. v. National Union Fire InsuranceNew York Court of Appeals · 2015
  2. Loblaw, Inc. v. Employers' Liability Assurance Corp.New York Court of Appeals · 1982
  3. Blanar v. State Farm Insurance CompaniesAppellate Division of the Supreme Court of the State of New York · 2006
  4. 815 Park Avenue Owners, Inc. v. Fireman's Insurance of WashingtonAppellate Division of the Supreme Court of the State of New York · 1996
  5. Cytopath Biopsy Laboratory, Inc. v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 2004

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