155TH ST. & 8TH AVE. REALTY CORP. v. NAT'L CAS. CO.


221 A.D.2d 290 (1995)

635 N.Y.S.2d 1

155th Street and 8th Avenue Realty Corp., Appellant, v. National Casualty Co. et al., Respondents

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

November 30, 1995


Plaintiff insured's causes of action against defendant insurer for breach of contract, a declaratory judgment that the incident arose from a covered peril, and failure to give notice of termination were properly dismissed as barred by the clear and unambiguous two-year period of limitations contained in the policy. However, that contractual limitation period should not have been applied to the claims against defendant brokers, who were not party to the policy and who are...

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