United States Second Circuit

In an action to recover proceeds under a homeowners' insurance policy based on structural damage to plaintiffs' home, summary judgment for defendant is vacated where, under longstanding New York law, the limitations period did not begin to run until plaintiffs' claim against defendant accrued, rather the date of the accident.

Appellate Information

• Argued 11/09/2009
• Decided 04/06/2010
• Published 04/06/2010

Judges

• B.D. PARKER, JR., Circuit Judge:, Before: LEVAL, B.D. PARKER, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eric R. Breslin (Sheila Raftery Wiggins, on the brief), Duane Morris LLP, Newark, NJ, for Plaintiffs-Appellants.


• For Appellees:
  
• Brian J. Bolan, Gennet, Kallmann, Antin & Robinson P.C., Parsippany, NJ, for Defendant-Appellee.