LaPenta v. General Accident Fire & Life Assurance Corp.

Defendant moves at Special Term for an order pursuant to CPLR 3211 (subd [a], par 5) dismissing the first cause of action set forth in plaintiffs’ complaint against defendant, General Accident Fire and Life Assurance Corp., on the ground that the action was not commenced within the time limited by section 168 of the Insurance Law.

This action was commenced by the service of a summons and complaint containing this cause of action upon defendants on September 23, 1976. Plaintiffs’ first cause of action seeks *844recovery from defendant, General Accident Fire and Life Assurance Corp., of insurance…