FRITZEN v. ALLSTATE INDEM. CO.


167 A.D.2d 932 (1990)

Douglas Fritzen, Appellant, v. Allstate Indemnity Co., Respondent

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

November 16, 1990


Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in granting defendant's motion to dismiss plaintiff's complaint. Defendant failed to show, by proof of an office practice or procedure followed in the regular course of business, that the policy of insurance issued to plaintiff was duly addressed and mailed (see, Nassau Ins. Co. v Murray, 46 N.Y.2d 828). The...

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