S & J DELI, LTD. v. NEW YORK PROP. INS. UNDERWRITING ASS'N


119 A.D.2d 652 (1986)

S & J Deli, Ltd., Also Known as S & J Pizza, Respondent, v. New York Property Insurance Underwriting Association, Appellant

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

April 14, 1986


Order affirmed, insofar as appealed from, with costs.

This action was brought to recover upon policies of fire insurance issued by the defendant to the plaintiff. The policies contained a period of limitation of two years in which to commence suit, pursuant to Insurance Law § 3404 (e). The loss occurred on July 6, 1981, when a fire destroyed the property insured by the defendant. On June 29, 1983, counsel for the plaintiff filed a summons with the Queens County...

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