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Howard v. D'Agostino Supermarkets, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1996
224 A.D.2d 183 (N.Y. App. Div. 1996)

Opinion

February 1, 1996

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).


We agree with the IAS Court that the excuse offered by third-party defendant for its failure to produce a policy of insurance that was issued to third-party plaintiff's contractor and allegedly named second third-party plaintiff as an additional insured — its practice of destroying policies, except for declaration sheets, two years after their expiration, well within the three-year period of limitations for negligence actions and the six-year period for contract actions — is "indefensible". Even on its own terms, the practice should not have been carried out here, where the underlying personal action injury, which named both third-party defendant and its contractor, was instituted more than two months before the policy would have been destroyed.

Concur — Rosenberger, J.P., Ellerin, Kupferman and Nardelli, JJ.


Summaries of

Howard v. D'Agostino Supermarkets, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1996
224 A.D.2d 183 (N.Y. App. Div. 1996)
Case details for

Howard v. D'Agostino Supermarkets, Inc.

Case Details

Full title:MOLLY HOWARD, Plaintiff, v. D'AGOSTINO SUPERMARKETS, INC., Defendant and…

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

Date published: Feb 1, 1996

Citations

224 A.D.2d 183 (N.Y. App. Div. 1996)
637 N.Y.S.2d 124