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INS. CO. v. ABB POWER

91 N.Y.2d 180 (1997)

690 N.E.2d 1249

668 N.Y.S.2d 143

Insurance Company of North America et al., Plaintiffs, v. ABB Power Generation, Inc., Defendant.

Court of Appeals of the State of New York.

Decided November 25, 1997.

Attorney(s) appearing for the Case

Pollack & Greene, L. L. P., New York City (Stuart I. Parker and Kennard M. Goodman of counsel), for defendant.

Clausen Miller, P. C. (Susan Condon, James T. Ferrini, James M. Hoey, Thomas J. Skeffington and Robert A. Stern, of the Illinois Bar, admitted pro hac vice, of counsel), for plaintiffs.

Chief Judge KAYE and Judges TITONE, BELLACOSA, CIPARICK and WESLEY concur with Judge SMITH; Judge LEVINE concurs in result in a separate opinion.

SMITH, J.

In an appeal requiring the interpretation of New York's borrowing statute, CPLR 202, the United States Court of Appeals for the Second Circuit presented, by certified question, the following inquiry to this Court: "Had this action been adjudicated in the courts of New York, would the timeliness of the contract claims be determined by reference to New York's limitation period or, under CPLR § 202...

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