COLPAN REALTY v. GREAT AMER INS


83 Misc.2d 730 (1975)

Colpan Realty Corp., Plaintiff, v. Great American Insurance Company, Defendant.

Supreme Court, Westchester County.

October 6, 1975


Attorney(s) appearing for the Case

Gottesman, Wolgel & Smith for defendant. Nayor & Edmiston for plaintiff.


ANTHONY J. FERRARO, J.

Defendant moves to dismiss the complaint herein pursuant to CPLR 3211 upon the grounds (1) that the cause of action is barred by the Statute of Limitations and (2) that the complaint does not state facts sufficient to constitute a cause of action.

The complaint seeks to recover attorneys fees of $3,295 incurred by plaintiff to defend an action covered by defendant's policy. Plaintiff alleges breach by defendant of its covenant...

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