Ordered that the order is reversed, on the law, with costs, the plaintiff's motion to restore the case to the trial calendar is denied, that branch of the defendant's cross motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (5) as time-barred is granted, and the cross motion is otherwise denied an academic.
The defendant issued a policy of insurance which, among other things, insured the plaintiff's covered property against loss from fire. The policy...
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