BLAND v. TREVVETT


23 A.D.2d 534 (1965)

Mary C. Bland, Respondent, v. Alvin P. Trevvett, as Treasurer of The Commercial Travelers Mutual Accident Association, Appellant

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

January 15, 1965


Order unanimously reversed, without costs of this appeal to either party, and motion granted, without costs.

Memorandum:

Respondent brought this action upon a policy issued by appellant Association to recover for the accidental death of her husband. Appellant moved for summary judgment under rule 113 of the Rules of Civil Practice on the ground that the proof of loss was not furnished until five and one-half months after the expiration of the 90-day period...

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