HOWARD v. D'AGOSTINO SUPERMARKETS, INC.


224 A.D.2d 183 (1996)

637 N.Y.S.2d 124

Molly Howard, Plaintiff, v. D'Agostino Supermarkets, Inc., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. General Accident Insurance Company, Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

February 1, 1996


We agree with the IAS Court that the excuse offered by third-party defendant for its failure to produce a policy of insurance that was issued to third-party plaintiff's contractor and allegedly named second third-party plaintiff as an additional insured — its practice of destroying policies, except for declaration sheets, two years after their expiration, well within the three-year period of limitations for negligence actions and the six-year period for contract actions...

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