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LAPENTA v. GEN ACC FIRE

88 Misc.2d 843 (1976)

Frank LaPenta, Jr., et al., Plaintiffs, v. General Accident Fire and Life Assurance Corp. et al., Defendants.

Supreme Court, Onondaga County.

December 15, 1976

Attorney(s) appearing for the Case

Meggesto, Bollettieri & Wangerman (James A. Meggesto of counsel), for General Accident Fire and Life Assurance Corp., defendant. Alderman, Alderman, Samuels & Schepp (Edward B. Alderman of counsel), for plaintiffs.

EDWARD F. McLAUGHLIN, J.

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...

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