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ANTHONY SICARI, INC. v. FIREMAN'S INS. CO. OF NEWARK, NEW JERSEY

200 A.D.2d 542 (1994)

606 N.Y.S.2d 695

Anthony Sicari, Inc., Respondent, v. Fireman's Insurance Company of Newark, New Jersey, Appellant

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

January 27, 1994

In this action to recover for property damage under an insurance policy, defendant insurer failed to satisfy its heavy burden (see, 304 Meat Corp. v New York Prop. Ins. Underwriting Assn., 188 A.D.2d 382) of demonstrating that plaintiff insured willfully failed to comply with the policy provision requiring it to submit to an examination under oath in the event of a loss. Particularly...

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