EMPIRE STATE SHIPPING SERVICE, LTD. v. HANOVER INSURANCE COMPANY

5877, 302438/08.

89 A.D.3d 431 (2011)

931 N.Y.S.2d 605

2011 NY Slip Op 7700

EMPIRE STATE SHIPPING SERVICE, LTD., et al., Appellants, v. HANOVER INSURANCE COMPANY, Respondent.

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

Decided November 1, 2011.


We reject defendant's argument that plaintiffs failed to preserve their contentions pertaining to the "accrual dates" of the underlying complaint's causes of action. While they may not have been framed in quite the same manner, plaintiffs' arguments can fairly be construed as having been made before Supreme Court and are therefore preserved (see Howard S. v Lillian S., 62 A.D.3d 187, 190 [2009], affd 14 N...

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