Phelps Guide Rail v. United States Fidelity & Guaranty Co.

Appeal from an amended order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered September 22, 2004. The amended order, inter alia, granted the motion of defendant United States Fidelity & Guaranty Company seeking dismissal of the complaint against it as time-barred.

It is hereby ordered that the amended order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly granted the motion of defendant United States Fidelity & Guaranty Company (Fidelity) seeking dismissal of the complaint against it as time-barred. The record…