26 A.D.2d 863 | N.Y. App. Div. | 1966
Appeal from a judgment and order of the Supreme Court, Albany County, dismissing appellants’ complaint on the merits. Appellants commenced the instant action to recover $2,122 upon a fire and theft insurance policy. Respondent, pointing out that the date of the burglary was February 24, 1959 and that the action was not started until April 22, 1960, raised as an affirmative defense a requirement contained in the policy that actions thereunder must be “commenced within twelve months next after the