Zeide v. National Casualty Co.
Opinion of the Court
In an action to recover benefits under an insurance policy, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated August 14, 1990, which granted the motion of the defendant Monarch Life Insurance Company for leave to serve an amended answer.
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in granting the motion of the defendant Monarch Life Insurance Company for leave to serve an amended answer to include a counterclaim. Contrary to the plaintiff’s contention, the defendant’s counterclaim was interposed within the six-year Statute of Limitations, since the defendant could not have reasonably discovered the alleged fraud until 1986, when the summons and complaint were served (see, CPLR 213 [8]).
In Zeide v National Cas. Co. (187 AD2d 577 [decided herewith]), this Court granted the motion of the defendant Monarch Life Insurance Company for summary judgment. Accordingly, the issue of the propriety of the defenses asserted in its amended answer is academic. Rosenblatt, J. P., Ritter, Pizzuto and Santucci, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.