| Masters Edge, Inc. v Kemper Ins. Cos./Lumbermens Mut. Cas. Co. |
| 2004 NY Slip Op 07025 [11 AD3d 1034] |
| October 1, 2004 |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Appellate Division, Fourth Department |
| Masters Edge, Inc., Appellant, v Kemper Insurance Companies/Lumbermens Mutual Casualty Company, Respondent. |
—[*1]Appeal from an order of the Supreme Court, Erie County (Patrick H. Nemoyer, J.), entered June 24, 2003. The order granted defendant's motion to dismiss the complaint as time-barred.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs (see Construction Pace Setters v United States Fid. & Guar. Co., 225 AD2d 1090 [1996]). Present—Hurlbutt, J.P., Gorski, Martoche, Lawton and Hayes, JJ.