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FLORA'S CARD SHOP v. KRANTZ

111 Misc.2d 907 (1981)

Flora's Card Shop, Inc., Plaintiff, v. Paul Krantz & Co., Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

December 14, 1981

Attorney(s) appearing for the Case

D'Amato & Lynch (Alfred A. D'Agostino, Jr., of counsel), for Paul Krantz & Co., Inc., defendant. Moldover, Hertz, Presnick, Gidaly & Strauss (Gerald M. Hertz of counsel), for plaintiff. Brian R. Ruty for New York Property Insurance Underwriting Association, defendant.

RICHARD S. LANE, J.

This is a motion by defendant Paul Krantz & Co. to dismiss the complaint as barred by the Statute of Limitations.

The complaint sounds in negligence and malpractice for defendant's failure to secure requested insurance coverage including protection against riot and civil commotion. Service of the summons and complaint was in July, 1980, more than three years after the issuance of the policy. Plaintiff opposes the motion...

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