PROC v. HOME INS. CO.


23 A.D.2d 638 (1965)

John A. Proc, Doing Business as Proc Beauty Salon, Respondent, v. Home Insurance Company et al., Appellants

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

March 4, 1965


Order, entered on July 8, 1964, unanimously reversed on the law, and the complaint dismissed, with $30 costs and disbursements to the appellants.

The action was not commenced within one year as required by the provisions of the policies and the applicable statute (Insurance Law, § 168, subds. 1, 2, 6). Nor was there any written waiver of the requirements of the policies (Insurance Law, § 168, subd. 6). The contention of the plaintiff that there was waiver...

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