¶ This action to recover the proceeds of an insurance policy issued by defendant was commenced August 4, 1983 for fire loss sustained on August 8, 1977. Defendant successfully moved to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 5, 7) on the dual grounds that the two-year limitation of time within which to commence the action had expired and that plaintiff failed, as required by the policy, to file a sworn proof of loss within 60 days after demand. On...
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