DAIL v. MERCHANTS MUT. INS.

390 CA 09-02231

74 A.D.3d 28 (2010)

900 N.Y.S.2d 536

BERTHA DAIL, as Executor of Louis R. WHITE, JR., Deceased, Respondent, v. MERCHANTS MUTUAL INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 30, 2010.


Attorney(s) appearing for the Case

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo ( Marco Cercone of counsel), for appellant.

Burgett & Robbins, LLP, Jamestown ( Robert A. Liebers of counsel), for respondent.

CENTRA, J.P., FAHEY, GREEN and PINE, JJ., concur.


OPINION OF THE COURT

CARNI, J.

This appeal presents the issue whether the one-year extension of time in CPLR 210 (a) to commence an action that is afforded to a decedent's representative applies to the standard two-year period of limitations contained in homeowner's insurance policies, such as defendant's policy, pursuant to Insurance Law § 3404 (e). For the reasons that follow, we conclude that Supreme Court properly determined that it does and thus...

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