CONTE v. YORKSHIRE INS. CO.


5 Misc.2d 670 (1957)

Vincenzo Conte, Doing Business as J. C. Trucking Co., Plaintiff, v. Yorkshire Insurance Company of New York, Defendant.

Supreme Court, Special Term, New York County.

April 3, 1957.


Attorney(s) appearing for the Case

James A. Roe, Jr., for plaintiff.

Max J. Gwertzman for defendant.


OWEN McGIVERN, J.

In this action by an insured under a fire insurance policy to recover the amount of an alleged fire loss, plaintiff has moved for summary judgment and the defendant has made a cross motion for similar relief.

The principal defense is the one-year Statute of Limitations contained in the so-called standard form fire insurance policy prescribed by section 168 of the Insurance Law. Concededly, the instant action was not commenced...

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