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BARGAINTOWN v. BELLEFONTE

78 A.D.2d 206 (1980)

Bargaintown D. C., Inc., et al., Respondents-Appellants, v. Bellefonte Insurance Company et al., Appellants-Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1980

Attorney(s) appearing for the Case

George W. Clarke of counsel (Mendes & Mount, attorneys), for appellants-respondents.

Steven M. Tarshis of counsel (Young & Tarshis, P. C., attorneys), for respondents-appellants.

FEIN, J. P., SULLIVAN and SILVERMAN, JJ., concur with SANDLER, J.; LUPIANO, J., concurs in a separate opinion.

SANDLER, J.

The principal issue on this appeal is presented by Special Term's denial of the motion of defendant insurance companies to dismiss the complaint on the ground that the action was instituted after the expiration of the one-year period of limitation set forth in the applicable insurance policy.

The policy insures plaintiff "Bargaintown D.C. Inc. &/or all affiliated, subsidiary to, owned...

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