GONSENHAUSER v. HOME INS. CO.


52 Misc.2d 272 (1967)

Max Gonsenhauser, Plaintiff, v. Home Insurance Company et al., Defendants.

Supreme Court, Monroe County.

January 4, 1967


Attorney(s) appearing for the Case

Traynor & Skehan (J. Frank Traynor of counsel), for defendants. Cucci, Welch & Boehm (David O. Boehm of counsel), for plaintiff.


MARSHALL E. LIVINGSTON, J.

This motion is made by defendants for summary judgment dismissing plaintiff's amended complaint on the ground that the action was not commenced within 12 months after inception of the loss, as required by subdivision 6 of section 168 of the Insurance Law.

Plaintiff's amended complaint alleges, and the defendants admit, that Sherman Cotton and/or Cotton Agency, Inc., were agents of the domestically licensed defendants...

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