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CARCONE v. D'ANGELO INSURANCE AGENCY

302 A.D.2d 962 (2003)

755 N.Y.S.2d 172

EUGENE A. CARCONE et al., Appellants, v. D'ANGELO INSURANCE AGENCY, Respondent, et al., Defendant. (Appeal No. 1.)

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

Decided February 7, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Contrary to the contention of plaintiffs, Supreme Court properly granted the motion of defendant D'Angelo Insurance Agency (D'Angelo) to dismiss the complaint against it under, inter alia, CPLR 3211 (a) (5). The action as against D'Angelo sounds in negligence and accrued, at the latest, in 1995, but it was not commenced until 2001...

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