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1840 CONCOURSE ASSOCIATES, LP v. PRAETORIAN INSURANCE COMPANY

6114, 602551/09.

89 A.D.3d 592 (2011)

934 N.Y.S.2d 112

2011 NY Slip Op 8468

1840 CONCOURSE ASSOCIATES, Lp, Appellant, v. PRAETORIAN INSURANCE COMPANY, Formerly Known as INSURANCE CORPORATION OF HANNOVER, Respondent.

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

Decided November 22, 2011.

In this action for breach of contract based on a commercial property policy issued by defendant insurer to plaintiff property owner, defendant established its entitlement to judgment as a matter of law by showing that plaintiff commenced this action after expiration of the two-year limitations period contained in the policy (see Gilbert Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966, 967...

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