ABUHAMRA v. NEW YORK MUT. UNDERWRITERS


170 A.D.2d 1003 (1991)

Mohamed Abuhamra, Respondent, v. New York Mutual Underwriters, Appellant

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

February 1, 1991


Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Plaintiff commenced this action alleging breach of a fire insurance contract when defendant insurer failed to pay plaintiff for a fire loss which occurred on July 13, 1989. Defendant moved to dismiss on the ground that the policy was effectively cancelled on June 26, 1989, for nonpayment of premiums. Plaintiff denied receipt of...

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