Order and judgment affirmed, without costs.
A prior action, commenced within the one-year limitation contained in the policy, had been dismissed on March 1, 1961 for lack of prosecution. The present (second) action was commenced within one year after such dismissal, but more than a year after the loss. The motion for summary judgment was granted on the ground that the action was not brought within a year after the loss, as required by the policy. In our opinion, this...
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