Appellate Division of the Supreme Court of the State of New York June 30, 1937 (Tindall v. Continental Insurance)

Taylor, J.

The principal question presented on this appeal is whether the provision, in a fire insurance policy that no suit or action on the policy shall be sustainable in any court of law or equity unless commenced within twelve months next after the fire, is applicable to an action brought to recover a judgment directing a cancellation of a mortgage that had been assigned to the defendant