Monroe Shopping Center, Inc. v. Utica Mutual Insurance

In an action, inter alia, to declare that certain damage to plaintiffs’ septic tank system is covered under the policy of insurance issued by defendant, defendant appeals from an order of the Supreme Court, Orange County, dated July 21, 1977, which denied its motion for summary judgment on the ground that the action had not been timely commenced. Order reversed, on the law, with $50 costs and disbursements, and motion granted. In our opinion the provision on page two of the policy, that "No suit or action on this policy * * * shall be sustainable in any court of law or equity- * * * unless…