LICHTER REAL ESTATE NUMBER THREE, L.L.C. v. GREATER NEW YORK INSURANCE COMPANY


43 A.D.3d 366 (2007)

841 N.Y.S.2d 93

LICHTER REAL ESTATE NUMBER THREE, L.L.C., Respondent, v. GREATER NEW YORK INSURANCE COMPANY, Appellant.

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

Decided August 30, 2007.


The policy at issue contained a provision that any legal action for coverage under it must be brought within two years of the date the direct physical loss or damage occurred. Plaintiff commenced this action on June 7, 2005. However, the date of the direct physical loss or damage from which plaintiff's two-year limitations period must to be measured was the date the steam riser broke, in November, 2002, as both plaintiff's loss of rent claim and its mold remediation claim...

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