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ACADIA 1 CORP v. INSURANCE CO

651759/10.

38 Misc.3d 303 (2012)

953 N.Y.S.2d 447

2012 NY Slip Op 22322

ACADIA 1 CORPORATION, Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA, Doing Business as ACE USA INSURANCE CO., et al., Defendants.

Supreme Court, New York County.

April 23, 2012.

Attorney(s) appearing for the Case

Rubin Fiorella & Friedman, LLP ( James E. Mercante and Gerald A. Greenberger of counsel), for Insurance Company of North America, Doing Business as ACE USA Insurance Co., defendant. Frehill Hogan & Mahar, LLP ( Eric E. Lenck of counsel), for Chartis, Inc., defendant. Watson Farley & Williams LLP ( John G. Kissane of counsel) for plaintiff.

OPINION OF THE COURT

EILEEN BRANSTEN, J.

This is an action for insurance coverage of a yacht owned by plaintiff Acadia 1 Corporation. Defendant Insurance Company of North America (ICNA) moves, pursuant to CPLR 3212, for an order granting summary judgment dismissing the complaint as untimely. For the reasons stated below, the motion is granted.

Background

Plaintiff is the owner of a 57-foot...

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