30-12 Lewmay Corp. v. Public Mutual Insurance

Eager, J. (dissenting).

These motions, denied at Special Term, were made by Public Mutual Insurance Company (Public Mutual) pursuant to OPLR 3211 (subd. [a], par. 5) for judgments dismissing the causes of action and cross complaints (by mortgagee) asserted against it. Public Mutual contends that the causes of action and the cross complaints were barred since the actions were not brought within the time limited by the law for the commencement thereof.

Concededly, the contractual 12 months’ limitation period, contained in the standard fire insurance policy, applied to bar the actions against…