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RODRIGUEZ v. ALLSTATE INS. CO.

236 A.D.2d 285 (1997)

654 N.Y.S.2d 305

Jose Rodriguez et al., Appellants, v. Allstate Insurance Company, Respondent, et al., Defendant

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

February 20, 1997

The record supports the JHO's finding, entirely one of credibility, that defendant's attorney did not represent to plaintiffs at their examination under oath that their attendance at the examination relieved them of any obligation to file sworn proofs of loss, and accordingly, plaintiffs' motion to reject the report was properly denied (Namer v 152-54-56 W. 15th St. Realty Corp., 108 A.D.2d 705). There being no basis for estopping...

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