GRUMMAN CORPORATION v. TRAVELERS INDEMNITY COMPANY


288 A.D.2d 344 (2001)

733 N.Y.S.2d 464

GRUMMAN CORPORATION, Appellant, v. TRAVELERS INDEMNITY COMPANY, Respondent.

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

Decided November 19, 2001.


Ordered that the order is affirmed, with costs.

The defendant established prima facie that the action was barred by the two-year limitation period contained in the insurance policy issued to the plaintiff (see, Gongolewski v Travelers Ins. Co., 252 A.D.2d 569). The plaintiff did not meet its burden of demonstrating the existence of any triable issue of fact. Subsequent to the expiration of the contractual limitation

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