DUBINS v. BOSTON INS. CO.


26 A.D.2d 863 (1966)

Henry B. Dubins et al., Appellants, v. Boston Insurance Company, Respondent

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

October 21, 1966


REYNOLDS, J.

Appellants commenced the instant action to recover $2,122 upon a fire and theft insurance policy. Respondent, pointing out that the date of the burglary was February 24, 1959 and that the action was not started until April 22, 1960, raised as an affirmative defense a requirement contained in the policy that actions thereunder must be "commenced within twelve months next after the inception of the...

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