PAPAIN v. AM. INS. CO.


28 Misc.2d 746 (1961)

Irene Papain, Plaintiff, v. American Insurance Company, Defendant.

Supreme Court, Special Term, Nassau County.

March 8, 1961


Attorney(s) appearing for the Case

George I. Janow for defendant. Sirota & Kurta for plaintiff.


MARIO PITTONI, J.

The defendant moves for an order dismissing the complaint for lack of prosecution.

The plaintiff is suing the defendant on a policy of insurance issued to her by the defendant for a claim by reason of an alleged theft of two fur garments on December 3, 1957. The policy had a provision outlawing the claim unless a lawsuit was started within a year. On December 2, 1958 the plaintiff served...

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