Wesco’s Motion to Dismiss Granted

120 Lexington Avenue Corp. v. Wesco Insurance Co.

Wesco Insurance Company’s Motion to Dismiss was granted by the Supreme Court of the State of New York, Appellate Division, and the matter was remanded for consideration of the imposition of costs and financial sanctions. The Court should have granted the motion on the basis that the action is barred by the doctrine of res judicata, as well as the insurance policy itself imposed a two-year limitation period for the commencement of suit.

Kevin Buckley represented Wesco Insurance Company.

You can see the Order here: 4/16/24 Order – Appellate Division