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Hannah Furniture v. Transtate Insurance Co.

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 546 (N.Y. App. Div. 1997)

Opinion

April 28, 1997


In an action to recover proceeds due under an insurance policy, the plaintiff appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated May 17, 1996, which granted the motion of the defendant Transtate Insurance Company pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff's failure to file a sworn statement as proof of its loss within 60 days after a demand for it by the defendant insurer constitutes an absolute defense to the action ( see, Insurance Law § 3407 [a]; Marino Constr. Corp. v. INA Underwriters Ins. Co., 69 N.Y.2d 798; Igbara Realty Corp. v. New York Prop. Ins. Underwriting Assn., 63 N.Y.2d 201; Goldman v Allstate Ins. Cos., 220 A.D.2d 381). Miller, J.P., Thompson, Joy and Luciano, JJ., concur.


Summaries of

Hannah Furniture v. Transtate Insurance Co.

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 546 (N.Y. App. Div. 1997)
Case details for

Hannah Furniture v. Transtate Insurance Co.

Case Details

Full title:HANNAH FURNITURE, INC., Appellant, v. TRANSTATE INSURANCE COMPANY…

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

Date published: Apr 28, 1997

Citations

238 A.D.2d 546 (N.Y. App. Div. 1997)
657 N.Y.S.2d 951