Gluckin v. Insurance Co. of North America

Order of the Supreme Court, New York County (Carmen Ciparick, J.), entered on November 28, 1989, which, inter alia, denied defendant’s motion for summary judgment, unanimously reversed, on the law, the motion granted and the complaint dismissed, without costs. The clerk is directed to enter judgment in favor of defendant dismissing plaintiff’s complaint.

Plaintiff-respondent concededly failed to commence an action against the insurer within the contracted two-year limitation period. Plaintiff’s counsel argues that the insurer’s adjuster told him that "I could take my time” submitting detailed…