1303 WEBSTER REALTY v. INS. CO.


63 N.Y.2d 227 (1984)

1303 Webster Avenue Realty Corp., Appellant, v. Great American Surplus Lines Insurance Company et al., Respondents.

Court of Appeals of the State of New York.

Decided October 23, 1984.


Attorney(s) appearing for the Case

Ira M. Myers for appellant.

Daniel J. Friedman for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in Per curiam opinion.


Per Curiam.

In this action on two policies of fire insurance, defendants moved to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 5) on the ground that the action was not brought within two years from the date of the loss for which recovery is sought. Both plaintiff and defendants submitted affidavits and other evidentiary proof in connection with the motion. It is not disputed that plaintiff did not commence...

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