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C.D. CITY, INC. v. MARYLAND CASUALTY COMPANY

4 A.D.3d 382 (2004)

771 N.Y.S.2d 396

C.D. CITY, INC., Respondent, v. MARYLAND CASUALTY COMPANY, Appellant.

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

February 9, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In September 2002 the plaintiff commenced an action against the defendant insurer, inter alia, to recover additional proceeds under an insurance policy with respect to a burglary at its premises on October 19, 1996. The defendant then moved pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that the action was time-barred under the two...

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