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THE BEEKMAN REGENT CONDOMINIUM ASSOCIATION v. GREATER NEW YORK MUTUAL INSURANCE COMPANY

45 A.D.3d 311 (2007)

845 N.Y.S.2d 38

THE BEEKMAN REGENT CONDOMINIUM ASSOCIATION et al., Appellants, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Respondent.

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

Decided November 8, 2007.

Defendant insurer conclusively established a defense to the asserted claims as a matter of law by submitting documentary evidence (see CPLR 3211 [a] [1]) that the policy contains a two-year limitations period and that plaintiffs' action was commenced after the expiration of that period (see Gilbert Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966, 967 [1988]; Blitman Constr. Corp. v Insurance Co. of N. Am.,

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