Thomas Hamilton Pharmacy, Inc. v. Nationwide Mutual Insurance

The defendant Nationwide Mutual Insurance Company (hereinafter Nationwide) met its initial burden of establishing that the plaintiff commenced this action after expiration of the two-year limitations period contained in the subject insurance policy (see Gilbert Frank Corp. v Federal Ins. Co., 70 NY2d 966, 967-968 [1988]; Halim v State Farm Fire & Cas. Co., 31 AD3d 710 [2006]; Schachter v Royal Ins. Co. of Am., 21 AD3d 1024 [2005]). In opposition, the plaintiff failed to raise a triable issue of fact as to whether the action was governed by the six-year statute of limitations set forth in CPLR…