Legal Opinion
Neary v. Nationwide Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Decided April 4, 2005PublishedCited by 13 opinions
1Opinion of the Court
In an action to recover damages for breach of an insurance contract, the defendant appeals from an order of the Supreme Court, Richmond County (Giacobbe, J.), dated March 9, 2004, which denied its motion for summary judgment dismissing the complaint
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant sustained its initial burden of demonstrating its entitlement to summary judgment by presenting evidence that this action was commenced after the two-year limitations period contained in the subject insurance policy had…
2Cases cited4 opinions
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
- Minichello v. Northern Assurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2003
- Raniolo v. Travelers Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Don's Corp. v. Commercial Union Insurance CompaniesAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by13 opinions
- Endemann v. Liberty Ins. Corp.District Court, N.D. New York · 2019
- Cooper v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- North American Foreign Trading Corp. v. Mitsui Sumitomo Insurance USA, Inc.District Court, S.D. New York · 2007
- Schachter v. Royal Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2005
- North American Foreign Trading Corp. v. Mitsui Sumitomo Insurance USA, Inc.District Court, S.D. New York · 2006
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