New York Court of Appeals October 23, 1984 (1303 Webster Avenue Realty Corp. v. Great American Surplus Lines Insurance)

OPINION OF THE COURT

Per Curiam.

In this action on two policies of fire insurance, defendants moved to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 5) on the ground that the action was not brought within two years from the date of the loss for which recovery is sought. Both plaintiff and defendants submitted affidavits and other evidentiary proof in connection with the motion.