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CARNEGIE HILL 90TH STREET, INC. v. GREATER NEW YORK MUTUAL INSURANCE CO.

271 A.D.2d 333 (2000)

706 N.Y.S.2d 417

CARNEGIE HILL 90TH STREET, INC., Appellant, v. GREATER NEW YORK MUTUAL INSURANCE CO., Respondent.

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

Decided April 20, 2000.

Plaintiff has not offered evidence from which a clear manifestation of intent by defendant to relinquish the protection of the limitations period set forth in the parties' contract of insurance can be reasonably inferred (see, Carat Diamond Corp. v Underwriters at Lloyd's, 123 A.D.2d 544). Nor is there evidence that defendant, by its conduct, lulled plaintiff into sleeping on its rights under the subject insurance policy (see...

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