Jacobs v. N. River Ins. Co. of City of N.Y

Full title: HERMAN JACOBS, Appellant, v. NORTH RIVER INSURANCE COMPANY OF THE CITY OF…

Court: Supreme Court, Appellate Term, First Department

Date published: Nov 14, 1935

157 Misc. 419 (N.Y. App. Term 1935)

283 N.Y.S. 901

Opinion

November 14, 1935.

Appeal from the Municipal Court of New York, Borough of Manhattan, First District.

Naphtali Raisman [ Mathias Naphtali of counsel], for the appellant.

Samuel D. Macpeak [ Henry H. Abramowitz of counsel], for the respondent.

PER CURIAM.

The short Statute of Limitations provided in the policy did not begin to run until the appraisal award was filed with the company. The commencement of the action in 1934 was, therefore, timely. ( Steen v. Niagara Fire Ins. Co., 89 N.Y. 315; Steele v. Phenix Ins. Co., 51 F. 715.)

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff as demanded in the complaint. Appeal from order dismissed.

All concur. Present — LYDON, CALLAHAN and SHIENTAG, JJ.