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KASZAK v. LIBERTY MUT. INS.

192 Misc.2d 168 (2002)

744 N.Y.S.2d 286

KENNETH KASZAK, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

April 30, 2002.

Attorney(s) appearing for the Case

Bruce S. Reznick, Brooklyn, and Thomas Torto, New York City, for appellant.

La Sorsa & Beneventano, White Plains (Gregory M. La Sorsa and Thomas M. Beneventano of counsel), for respondent.

PATTERSON, J.P., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by providing that plaintiff's motion to strike defendant's first affirmative defense is granted; as so modified, affirmed without costs.

There is no dispute that a conflict exists between New York's six-year statute of limitations for commencing lawsuits for additional first-party benefits (see, CPLR 213; Benson v Boston Old Colony...

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