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STATE v. INA UNDERWRITERS INS

133 Misc.2d 430 (1986)

State of New York, Plaintiff, v. INA Underwriters Insurance Company, Defendant.

Supreme Court, Special Term, Albany County.

October 8, 1986

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Eli Pollack of counsel), for defendant. Robert Abrams, Attorney-General (William Buss of counsel), for plaintiff.

HAROLD J. HUGHES, J.

The defendant moves for an order under CPLR 3211: (1) dismissing both causes of action in the complaint as barred by the three-year Statute of Limitations set forth in CPLR 214 (2); (2) dismissing the first cause of action upon a defense founded on documentary evidence, i.e., an exclusion in the insurance policy; and (3) dismissing the second cause of action for failure to state a viable...

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