Backus v. Nationwide Mutual Insurance

Order unanimously reversed, without costs, motion granted, and complaint dismissed. Memorandum: The sole question on appeal is whether plaintiff’s complaint is governed by the six-year Statute of Limitations in CPLR 213 or the three-year period as contained in the certificate of insurance. Plaintiff, Thelma Backus, was employed by Nationwide Insurance Company of Syracuse from June, 1964 until November, 1970. In May, 1970 she went on sick leave and received sick leave benefits until they expired on November 20, 1970. Two days before her sick leave benefits expired, plaintiff informed…