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BLITMAN CONSTR. CORP. v. INS. CO. OF NORTH AM.

108 A.D.2d 613 (1985)

Blitman Construction Corp., Respondent, v. Insurance Company of North America, Appellant

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

February 7, 1985

In denying defendant's motion for summary judgment, Special Term held that, based upon the carrier's conduct following expiration of the 12-month limitation period contained in the policy of insurance, factual questions were presented as to the issues of waiver and estoppel. Although it is undisputed that contractual limitations periods are enforceable (Kassner & Co. v City of New York, 46 N.Y.2d 544), the law is well established...

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