Gonyon v. Transtate Insurance

Appellate Division of the Supreme Court of New York

Gonyon v. Transtate Insurance

261 A.D.2d 507, 688 N.Y.S.2d 905, 1999 N.Y. App. Div. LEXIS 5435

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 17, 1999

StatusPublished

This text of 261 A.D.2d 507 (Gonyon v. Transtate Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gonyon v. Transtate Insurance, 261 A.D.2d 507, 688 N.Y.S.2d 905, 1999 N.Y. App. Div. LEXIS 5435 (N.Y. Ct. App. 1999).

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Opinion

—In an action for a judgment declaring the rights of the parties under certain insurance policies, the defendant P & A Insurance Brokerage, Inc., appeals from an order of the Supreme Court, Queens County (Milano, J.), dated July 22, 1998, which denied its motion to dismiss the complaint as barred by the Statute of Limitations.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly determined that the six-year Statute of Limitations applies (see, CPLR 213 [1]), and that the plaintiff was entitled to commence an action for a judgment declaring the rights and responsibilities of the parties (see, Tepedino v Zurich-Am. Ins. Group, 220 AD2d 579; Costa v Colonial Penn Ins. Co., 204 AD2d 591; Insurance Law § 3420; Fabian v MVAIC, 111 AD2d 366, 367). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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—In an action for a judgment declaring the rights of the parties under certain insurance policies, the defendant P & A Insurance Brokerage, Inc., appeals from an order of the Supreme Court, Queens County (Milano, J.), dated July 22, 1998, which denied its motion to dismiss the complaint as barred by the Statute of Limitations.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly determined that the six-year Statute of Limitations applies (see, CPLR 213 [1]), and that the plaintiff was entitled to commence an action for a judgment declaring the rights and responsibilities of the parties (see, Tepedino v Zurich-Am. Ins. Group, 220 AD2d 579; Costa v Colonial Penn Ins. Co., 204 AD2d 591; Insurance Law § 3420; Fabian v MVAIC, 111 AD2d 366, 367). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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261 A.D.2d 507, 688 N.Y.S.2d 905, 1999 N.Y. App. Div. LEXIS 5435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonyon-v-transtate-insurance-nyappdiv-1999.

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