LENTINI BROS. MOVING & STORAGE CO., INC. v. NEW YORK PROP. INS. UNDERWRITING ASS'N


53 N.Y.2d 835 (1981)

Lentini Brothers Moving & Storage Co., Inc., Appellant, v. New York Property Insurance Underwriting Association, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 30, 1981.


Attorney(s) appearing for the Case

Richard Bakalor and Marshall G. Kaplan for appellant.

Charles T. Rubin and Ira J. Greenhill for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Insured's complaint in its action on a fire insurance policy has been dismissed for failure of the insured to file proof of loss or submit to examination by the insurer. Plaintiff stipulated that demand for both proofs and examination was made and not complied with, but points to the fact that the demand came some 10 months after loss...

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