Majority
p. 1034Masters Edge, Inc., Appellant, v Kemper Insurance Companies/Lumbermens Mutual Casualty Company, Respondent. [782 NYS2d 200]
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.