MYERS, SMITH & GRANADY, INC. v. NEW YORK PROP. INS. UNDERWRITING ASS'N


85 N.Y.2d 832 (1995)

647 N.E.2d 1348

623 N.Y.S.2d 840

Myers, Smith & Granady, Inc., Appellant, v. New York Property Insurance Underwriting Association, Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1995.


Attorney(s) appearing for the Case

Weg & Myers, P. C., New York City (Debra Ruth Wolin and Dennis T. D'Antonio of counsel), for appellant.

Thomas E. Scott, New York City, and Ira J. Greenhill for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur; Judge SMITH taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On January 27, 1988, plaintiff, owner of property at 200 West 135th Street in New York City, purchased a one-year policy from defendant insuring its property for physical (including fire) damage. In the event of loss, the policy provided that defendant could question plaintiff under oath, and it required plaintiff to sign the answers and...

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