NEARY v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY


17 A.D.3d 331 (2005)

791 N.Y.S.2d 840

RICHARD NEARY et al., Respondents, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

April 4, 2005.


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

The defendant sustained its initial burden of demonstrating its entitlement to summary judgment by presenting evidence that this action was commenced after the two-year limitations period contained in the subject insurance policy had expired (see Minichello v Northern Assur. Co. of Am., 304 A.D.2d 731 [2003]...

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