BILLINGS v. BERKSHIRE MUT. INS. CO.


149 A.D.2d 895 (1989)

Sandra Billings, Appellant, v. Berkshire Mutual Insurance Company, Defendant, and New York Property Insurance Underwriting Association, Respondent

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

April 27, 1989


Harvey, J.

The underlying action in this case was commenced by plaintiff in 1981 to recover damages for a fire loss sustained in 1980. Following joinder of issue, defendant Berkshire Mutual Insurance Company served a demand upon plaintiff in June 1985 to file a note of issue. In September 1985, after more than 90 days elapsed without compliance with the demand, Berkshire and defendant New York Property Insurance Underwriting Association (hereinafter defendant...

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