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SAFECO INS v. JAMAICA WATER

83 A.D.2d 427 (1981)

Safeco Insurance Company of America, Respondent, v. Jamaica Water Supply Company, Appellant

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

December 14, 1981

Attorney(s) appearing for the Case

O'Connor & Hayes, P. C. (John R. O'Connor of counsel), for appellant.

Quinlan & Sidney (Terence M. Quinlan of counsel), for respondent.

GIBBONS, RABIN and COHALAN, JJ., concur.

HOPKINS, J. P.

Plaintiff is an insurance carrier suing to recover from the defendant first-party benefits plaintiff paid to its insured pursuant to statute (Insurance Law, § 673, subd 2). The defendant's negligence allegedly caused the personal injuries sustained by the insured. Prior to answering, the defendant moved to dismiss the complaint on the ground that the action was barred by the three-year Statute of Limitations (CPLR 214).

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