| 1840 Concourse Assoc., LP v Praetorian Ins. Co. |
| 2011 NY Slip Op 08468 [89 AD3d 592] |
| November 22, 2011 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 1840 Concourse Associates, LP, Appellant, v Praetorian Insurance Company, Formerly Known as Insurance Corporation of Hannover, Respondent. |
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Abrams, Gorelick, Friedman & Jacobson, P.C., New York (Michael E. Gorelick of counsel), for respondent.
Order, Supreme Court, New York County (James A. Yates, J.), entered December 7, 2010, which denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
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 NY2d 966, 967-968 [1988]). In opposition, plaintiff failed to raise a triable issue of fact as to whether the action was governed by the six-year statute of limitations set forth in CPLR 213 (id.). Moreover, plaintiff failed to raise a triable issue of fact as to waiver or estoppel (id.).
Because plaintiff's claim is barred by the applicable two-year statute of limitations, we decline to consider any remaining arguments. Concur—Tom, J.P., Saxe, Sweeney, Richter and Manzanet-Daniels, JJ.