228 A.D.2d 551 | N.Y. App. Div. | 1996
The record indicates that the underlying action against the insureds, i.e., the plaintiffs herein, was finally terminated on December 21, 1994. Since the plaintiffs’ cause of action against the defendant insurer for breach of contract was commenced within six years of that date, it was timely, and the Supreme Court erred in dismissing that cause of action (see, CPLR 213 [2]).
In view of our determination reinstating the first cause of action in the complaint, the matter is remitted to the Supreme Court for a determination with respect to the plaintiffs’ motion to dismiss stated affirmative defenses in the answer.
We find no merit to the plaintiffs’ remaining contention. Mangano, P. J., Sullivan, Altman and Hart, JJ., concur.