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PETERS v. ST. PAUL FIRE & MARINE INSURANCE COMPANY

213 F.Supp. 441 (1963)

Antoinette PETERS, Plaintiff, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant.

United States District Court S. D. New York.

January 22, 1963.

Attorney(s) appearing for the Case

Prindle & McCormack, Nyack, N. Y., for plaintiff. Gilbert E. McCormack, Nyack, N. Y., of counsel.

Tell, Cheser, Werner & Breitbart, New York City, for defendant. Solomon M. Cheser, New York City, of counsel.

TYLER, District Judge.

Defendant (the "Company") moves for summary judgment in this action in which plaintiff1 is suing on a personal property insurance policy issued by the Company on January 2, 1961. The Company urges that the action must be dismissed because of a contract or policy provision to the effect that no action may be brought by a claimant on the policy more than one year after...

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