Stackrow v. New York Property Insurance Underwriter's Ass'n

Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered August 7, 1984 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff commenced this action to recover damages alleg*884edly incurred as a result of the destruction by fire on October 30, 1981 of a building located at 236 Ontario Street in the City of Cohoes, Albany County. Plaintiffs action was commenced on December 23, 1983, 11 months after defendant, who was plaintiffs insurer, rejected plaintiffs claim and almost 26 months after the fire. After answering,…