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MYERS, SMITH & GRANADY, INC. v. NEW YORK PROP. INS. UNDERWRITING ASS'N

201 A.D.2d 312 (1994)

607 N.Y.S.2d 288

Myers, Smith & Granady, Inc., Appellant, v. New York Property Insurance Underwriting Association, Respondent

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

February 8, 1994

The IAS Court properly determined that plaintiff's first cause of action for breach of contract was time-barred by the clear and unambiguous two-year period of limitations set forth in the policy of property insurance issued by the defendant to the plaintiff. A contractual limitation of two years after loss for the commencement of suit on a policy of insurance is valid and enforceable in New York (Brandyce v Globe & Rutgers Fire Ins. Co., 252 N.Y. 69, 71; Duke...

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