Legal Opinion
Beekman Regent Condominium Ass'n v. Greater New York Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 2007PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Judith J. Gische, J.), entered March 19, 2007, which granted defendant’s motion to dismiss the action as time-barred by a two-year contractual limitations period, unanimously affirmed, with costs.
Defendant insurer conclusively established a defense to the asserted claims as a matter of law by submitting documentary evidence (see CPLR 3211 [a] [1]) that the policy contains a two-year limitations period and that plaintiffs’ action was commenced after the expiration of that period (see Gilbert Frank Corp. v Federal Ins. Co., 70 NY2d 966, 967 [1988]; Blitman…
2Cases cited5 opinions
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
- Goldman v. Metropolitan Life InsuranceNew York Court of Appeals · 2005
- Blitman Construction Corp. v. Insurance Co. of North AmericaNew York Court of Appeals · 1985
- Katz v. American Mayflower Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Carnegie Hill 90th Street, Inc. v. Greater New York Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by5 opinions
- Davis v. LancasterNew York Supreme Court · 2010
- Farage v. Associated Ins. Mgt. Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- Matek, Incorporated v. International Business MacHines CorporationDistrict Court, District of Columbia · 2024
- New Image Roller Dome, Inc. v. Travelers Indemnity Co.Court of Appeals for the Second Circuit · 2009
- New Image Roller Dome, Inc. v. Travelers Indemnity Co.Court of Appeals for the Second Circuit · 2009