Appellate Division of the Supreme Court of New York, 2001

Raniolo v. Travelers Indemnity Co.

Appellate Division of the Supreme Court of New York · Decided January 16, 2001

279 A.D.2d 514; 718 N.Y.S.2d 884; 2001 N.Y. App. Div. LEXIS 360

Cases that cite this one

7 later published cases cite this decision.

Globecon Group, LLC v. Hartford Fire Insurance Company, Docket No. 04-4399-Cv (2d Cir. 2006)
Waiting Room Solutions v. Excelsior Insurance Company (District Court, S.D. New York 2020)
Neary v. Nationwide Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 2005)
Schachter v. Royal Insurance Co. of America (Appellate Division of the Supreme Court of New York 2005)
General Ins. Co. of Am. v. Marvel Enters. (New York Supreme Court, New York County 2004)
Minichello v. Northern Assurance Co. of America (Appellate Division of the Supreme Court of New York 2003)
Don's Corp. v. Commercial Union Insurance Companies (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover *515the proceeds of an insurance policy, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Hall, J.), entered March 9, 2000, which, inter alia, granted the defendant’s motion for summary judgment and dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. The defendant demonstrated that the action was commenced beyond the two-year limitations period provided in the insurance policy at issue (see, Brown v Royal Ins. Co., 210 AD2d 279). Further, the plaintiffs did not demonstrate the existence of an issue of fact as to whether the defendant waived its right to assert the limitations period as a defense (cf., Greenpoint Bank v Security Mut. Ins. Co., 247 AD2d 583). The defendant reserved its rights and defenses under the policy while attempting to negotiate the sums due (see, Compis Seros, v Hartford Steam Boiler Inspection & Ins. Co., 272 AD2d 886). Moreover, the defendant’s delay in investigating the plaintiffs’ claim did not establish a waiver (see, Brown v Royal Ins. Co., supra).

The plaintiffs’ remaining contentions are without merit. Bracken, Acting P. J., Altman, Goldstein and Feuerstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.