WAUGH v. FIREMEN'S FUND INS. CO.


27 A.D.2d 654 (1967)

Arthur Waugh, as Attorney-in-Fact for C. Leonard Lapadula, Respondent, v. Firemen's Fund Insurance Company, Appellant Stetter & Levy, Defendants and Third-Party Plaintiffs, v. Continental Casualty Company, Third-Party Defendant

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

January 24, 1967


Order entered July 14, 1966, to the extent that it denied moving defendant's cross motion for summary judgment, unanimously modified, on the law, to grant summary judgment to moving defendant, and otherwise affirmed, with $50 costs and disbursements to appellant.

Concededly the one-year limitation for the bringing of this action on a policy of fire insurance has expired. Plaintiff, however, contended that defendant is estopped to assert the defense. The contention...

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