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GRAZIANE v. NAT'L SUR. CORP.

102 A.D.2d 950 (1984)

Irene H. Graziane, Respondent-Appellant, v. National Surety Corporation et al., Appellants-Respondents, and Nicholas A. Graziane et al., as Administrators of The Estate of Carl Graziane, Deceased, Intervenors-Respondents

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

June 21, 1984

¶ On September 24, 1975, plaintiff commenced separate lawsuits against defendants herein to recover under fire insurance policies issued by defendants; the covered premises had burned on September 7, 1974. Each of the policies limited the time within which an action could be commenced on the policy to 12 months from the inception of the loss. Plaintiff's actions, begun on September 24, 1975, concededly were not timely and each of defendants' answers asserted an affirmative...

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