ESA v. NY PROP INS


109 Misc.2d 1000 (1981)

Abdulla Ali Esa, Plaintiff, v. New York Property Insurance Underwriting Association, Defendant.

Supreme Court, Special Term, Kings County.

July 16, 1981


Attorney(s) appearing for the Case

Ira A. Greenhill for defendant. Benjamin Smolen for plaintiff.


FRANK COMPOSTO, J.

Defendant insurer moves for summary judgment, pursuant to CPLR 3212, dismissing the complaint and directing judgment on the first affirmative defense of its amended answer.

The first affirmative defense alleges in substance that plaintiff failed to supply defendant with proofs of loss within 60 days, as required by the policy and after demand by defendant.

On its motion for summary judgment, defendant submits an affidavit...

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