FOX v. ALLSTATE INS. CO.

No. 12758/09, Mot. Seq. No. 01.

2011 NY Slip Op 30438(U)

ELEANOR FOX, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant.

Supreme Court, Queens County.

February 18, 2011.


HOWARD G. LANE, J.S.C.

Upon the foregoing papers it is ordered that this motion by defendant, Allstate Insurance Company for an order pursuant to CPLR 3212 to dismiss the Complaint of plaintiff, Eleanor Fox, based on plaintiff's failure to timely commence this action against the defendant pursuant to the suit limitation provision of the insurance policy is hereby denied.

In this action, plaintiff, defendant's insured seeks to recover under an Allstate Deluxe...

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