Opinion
June 29, 1999.
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
Appellant was the insured under a fire policy issued by ISOP. Appellant's refusal to present its treasurer or bookkeeper for examination under oath respecting the loss claimed under the subject policy constituted a material breach of the policy's cooperation clause and, as such, precluded appellants' recovery of policy proceeds ( see, Argento v. Aetna Cas. Sur. Co., 184 A.D.2d 487; Rosenthal v. Prudential Prop. Cas. Co., 928 F.2d 493).
Concur — Nardelli, J. P., Williams, Tom, Lerner and Friedman, JJ.