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Cunningham v. United States Casualty Company

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1908
125 App. Div. 916 (N.Y. App. Div. 1908)

Opinion

April, 1908.

Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ.


The plaintiff should have been required to give the particulars which the defendant demanded, and which were denied at Special Term. If the notification of death was in writing it cannot prejudice the plaintiff in any way to give a copy of the writing, nor can it prejudice her to state the particular acts of omission or commission upon which she rests her claim that defendant has waived the requirements of its policy as to the furnishing of proofs of death, and as to the time within which action must be brought. This is not, in any proper sense, requiring the plaintiff to disclose her evidence, but merely calling upon her to state the particular facts upon which she bases her general assertion of waiver. The order, in so far as it refuses to order these particulars, must be reversed, with ten dollars costs and disbursements, and the defendant's motion granted in full, with ten dollars costs.


Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.


Summaries of

Cunningham v. United States Casualty Company

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1908
125 App. Div. 916 (N.Y. App. Div. 1908)
Case details for

Cunningham v. United States Casualty Company

Case Details

Full title:LAURA C. CUNNINGHAM, Respondent, v . UNITED STATES CASUALTY COMPANY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 1, 1908

Citations

125 App. Div. 916 (N.Y. App. Div. 1908)