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BONUS v. GREAT ATL.

93 A.D.2d 615 (1983)

Bonus Warehouse, Inc., Respondent, v. Great Atlantic Insurance Company of Delaware, Appellant Bonus Warehouse, Inc., Respondent, v. North River Insurance Company, Appellant

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

May 23, 1983

Attorney(s) appearing for the Case

Ira J. Greenhill (Zachary Robb Greenhill of counsel), for appellants.

Weg Myers & Jacobson, P. C. (Andrew C. Jacobson and Ira M. Myers of counsel), for respondent.

LAZER, J. P., GIBBONS and BOYERS, JJ., concur.

NIEHOFF, J.

By the instant two actions plaintiff seeks payment under fire insurance policies issued by the respective defendants. On these appeals we are concerned with defendants' motions for summary judgment based upon the first defense set forth in each of their answers which alleges that plaintiff failed to provide the particular defendant with a proof of loss within 60 days after said defendant made a written...

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