Mass v. Great American Insurance

*898Beldock, P. J., Rabin and Benjamin, JJ., concur; Christ and Munder, JJ., dissent and vote to reverse the order and to grant defendants’ motion to dismiss the complaint, with the following memorandum: This is an action to recover upon certain fire insurance policies which provided that “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity * * * unless commenced within twelve months next after inception of the loss.” (Cf. Insurance Law, § 168.) On May 9, 1965, the building insured was damaged by fire. In his complaint plaintiff…