McGoey v. Insurance Co. of North America

In an action upon an insurance policy, defendant appeals from an order of the Supreme Court, Westchester County, dated June 24, 1976, which denied its motion to dismiss the complaint upon the ground that the action had not been timely commenced. Order reversed, on the law, with $50 costs and disbursements, motion granted, and complaint dismissed. On November 20 or 21, 1974 plaintiff-respondent’s premises were damaged by acts of vandalism and malicious mischief. More than one year later, in February, 1976, plaintiff commenced this action on the insurance policy issued by defendant-appellant.…