ANTHONY MARINO CONSTR. CORP. v. INA UNDERWRITERS INS. CO.


69 N.Y.2d 798 (1987)

Anthony Marino Construction Corp., Plaintiff, v. INA Underwriters Insurance Company, Defendant. Sound Electric Corporation, Appellant, v. Insurance Company of North America et al., Respondents.

Court of Appeals of the State of New York.

Decided February 12, 1987.


Attorney(s) appearing for the Case

Sherwin Rear for appellant.

Charles T. Rubin for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. Question certified not answered as unnecessary.

Plaintiff's failure to file sworn proofs of loss within 60 days after receiving a demand to do so by its insurer, accompanied by proof of loss forms, is a complete defense to plaintiff's action on the insurance policy (Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., ...

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