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MARSON CONSTRUCTION CORPORATION v. ILLINOIS UNION INSURANCE COMPANY

276 A.D.2d 294 (2000)

714 N.Y.S.2d 207

MARSON CONSTRUCTION CORPORATION, Appellant, v. ILLINOIS UNION INSURANCE COMPANY et al., Defendants, and F.J. WILKES & COMPANY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 10, 2000.

The purportedly appealed order, entered upon plaintiff's default in responding to defendants-respondents' motion to dismiss the complaint, is nonappealable (CPLR 5511; Batra v State Farm Fire & Cas. Co., 205 A.D.2d 480). In any event, were the order appealable, we would find that the complaint was properly dismissed as time-barred because plaintiff's action was commenced more than six years after defendants-respondents insurance...

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