Summary
In Maleh v New York Prop. Ins. Underwriting Assn. (64 N.Y.2d 613), the Court of Appeals said that "plaintiffs' submission of documentation and participation in oral examination did not discharge their obligation to submit sworn proofs of loss within 60 days after the insurer's demand."
Summary of this case from Igbara Realty v. N Y Prop. InsOpinion
Decided November 27, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Arthur E. Blyn, J.
Jonathan J. Wilkofsky for appellants.
Charles T. Rubin for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
Consistent with our decision in Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn. ( 63 N.Y.2d 201), plaintiffs' submission of documentation and participation in oral examinations did not discharge their obligation to submit sworn proofs of loss within 60 days after the insurer's demand. Since it is undisputed that plaintiffs failed to submit sworn proofs of loss within 60 days after receipt of the insurer's request, as required by the terms of the standard fire insurance policy and sections 168 and 172 of the Insurance Law, the Appellate Division correctly affirmed the dismissal of plaintiffs' first cause of action arising from the loss of January 15, 1982.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.