MORTENSON v. CHOOK


4 A.D.2d 769 (1957)

Edwin Mortenson et al., Respondents, v. Noah Chook, Doing Business as East End Cleaners, et al., Defendants, and Fulton Fire Insurance Company of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 1, 1957


The motion was made on the ground that the policy provided that "No suit, action or proceeding for the recovery of any claim under this policy shall be sustainable in any court of law or equity unless the same be commenced within twelve (12) months next after discovery by the Assured of the occurrence which gives rise to the claim." Respondents claim that they did not see the policy nor know the name of the insurance carrier, and were not aware of the 12-month period of limitation...

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