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MASON v. AGRIC. INS. CO.

21 Misc.2d 263 (1959)

Clara Mason, Respondent, v. Agricultural Insurance Company et al., Appellants.

Supreme Court, Appellate Term, First Department.

November 5, 1959.

Attorney(s) appearing for the Case

Zipser & Levitt (Sidney N. Zipser and Howard E. Levitt of counsel), for appellants.

No one appearing for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.

Per Curiam.

The record below established plaintiff's failure to comply with the condition precedent set forth in the insurance contract in that she failed to file required proofs of loss and failed to institute this action within one year from the time her cause of action accrued. Plaintiff's opposing papers failed to negate her breach and raised no triable issues of fact in respect thereof.

The order should...

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