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SCIARRILLO v. NORTH RIVER INS. CO.

61 A.D.2d 1112 (1978)

Matthew E. Sciarrillo et al., Appellants, v. North River Insurance Company, Respondent

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

March 30, 1978

Plaintiffs filed a proof of loss pursuant to their fire insurance policy. The policy contained a 12-month limit of time to sue for fire loss. Such a limit was mandated by section 168 of the Insurance Law. The defendant rejected all claims on November 26, 1975. A lawsuit was commenced by plaintiffs on June 10, 1976. Defendant moved for summary judgment, raising the one-year Statute of Limitations, which motion was granted. Plaintiffs contend that section 168 of the Insurance...

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