Insurance Co. of North America v. ABB Power Generation, Inc.

OPINION OF THE COURT

Smith, J.

In an appeal requiring the interpretation of New York’s borrowing statute, CPLR 202, the United States Court of Appeals for the Second Circuit presented, by certified question, the following inquiry to this Court: "Had this action been adjudicated in the courts of New York, would the timeliness of the contract claims be determined by reference to New York’s limitation period or, under CPLR § 202, would the New York courts borrow California’s shorter limitation period?” (Insurance Co. v ABB Power Generation, 112 F3d 70, 73.) We decline to adopt the interpretation…